Land Acquisition Act · 1984 Revised Edition · Part III · Reference to Court and Procedure Thereon
Section 17
Official textFrom Attorney General's Chambers, unchanged
In determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration -
the market value at the date of the publica-tion of the notification under subsection (1) of sec-tion 4 or if no such notification has been published the market value at the date of the posting of the declaration made under section 5;
any increase in the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put;
the damage if any sustained by the person interested at the time of the Land Officer's taking possession of the land by reason of severing such land from his other land;
-·
-
-
·-
Land Acquisition
the damage if any sustained by the person interested at the time of the Land Officer's taking possession of the land by reason of the acquisition injuriously effecting his other property whether movable or immovable in any other manner or his actual earning;
if in consequence of the acquisition he is compelled to change his residence or place of busi-ness the reasonable expenses, if any, incidental to such change; and
any improvements to the land made with the prior consent of the Land Officer after the pub-lication of the notification under subsection (1) of section 4 or the posting of the declaration under section 5 whichever is the date in respect of which the market value is taken in accordance with the provisions of paragraph (a);
For the purposes of paragraph (a) of subsection
of this section -
if the market value has been increased by means of any improvement made by the owner or his predecessor in interest within 2 years before the notifications was published under subsection (1) of section 4 or, if no such notification was published, within 2 years before the declaration under section 5 was published such increase shall be dis-regarded unless it be proved that the improvement was made bona fide and not in contemplation of proceedings for acquisition of the land being taken under this Act;
when the value of the land is increased by reason of the use thereof or of any premises there-on in a manner which could be restrained by any
Court or is contrary to law or is detrimental to the 15
16
Matters to be disregarded in determin-ing com-pensation
Land Acquisition health of the inmates of the premises or to the public health the amount of that increase shall not be taken into account.
Terms defined in s 2
Land Officer
Defined · s 2"Land Officer" means the officer in charge of the Land Office and includes any officer specially appointed by His Majesty the Sultan and Yang Di-Pertuan to perform the functions of a Land Officer under this Act;
person interested
Defined · s 2"person interested" includes every person claim-ing an interest in compensation to be paid on account of the acquisition of land under this Act but does not include a tenant by the month or at will;
Part IV
Payment
Part VI