Valuations of properties, which are compulsory acquired under Land Acquisition Act No.9 of 1950

The Land Acquisition Act No.9 of 1950 ‘Makes provisions for acquisition of the Lands and Servitudes for public purposes and provides for matters connected with or incidental to such provision’. Provisions are also made for the vesting of lands in to Local Authorities or other public corporations and, is the significant legislation in the field of Compulsory Purchase and Compensation. The Land Acquisition act of 1950 was modeled mainly on the English Land Clauses Acts, The Acquisition of Land Act 1919 and the Acquisition of Land Authorization Procedure Act 1946 and the Land Acquisition Act amended by Act 28 of 1964 is the premiere and oldest Land Acquisition act in force today.

The important aspects of the procedure in terms of valuation, under the Land Acquisition Act 1950 are outlined as follows;

Section 2:
On direction of the minister who decides that land in any area is needed for public purpose, the Acquiring Officer publishes notice under Section 2 to this effect and thereby Authorized Officers are permitted to make investigations for selecting such land.

Section 3:
Compensation is provided for any damage done during investigations carried out on any such land.

Section 4:
After final decision by the minister, all owners are notified of the intention to acquire the land, where the owners of such lands given right to make objections

Section 5:
Even after taking objections under Section 4 in to consideration, the minister still decides to proceed with the acquisition a further declaration is made in the Gazette under Section 5 to that effect.

Section 6:
Under Section 6, The Surveyor General prepares a plan of the land.

Section 7:
Under Section 7 there is a Notice is to be published in the Gazette and in the newspapers, calling for claims relating to right, title and interest and the amount of compensation expected, with details of compensation, before a specified date.

Section 9:
Under Section 9, The Acquiring Officer holds inquiry into claims, the market value and other relevant matters, in view of making decisions on claims and disputes relating to title.

Section 10:
Under Section 10 of the act, The Acquiring Officer has to determine followings: - Title - Compensation and, refer any dispute on title to the Courts

Section 17:
Under Section 17, The Acquiring Officer makes an award to following effects:

1. The person entitled for compensation
2. The nature of the interest in the acquired land
3. The total amount of claims for compensation
4. The amount of compensation
5. Any apportionment of the compensation It is significant, that the amount of compensation awarded to shall not exceed the amount of his claim.

1. Where if it is a new servitude which is to be created the market value of the servient tenement of the servitude will be diminished by the creation of the servitude
2. Where if it is an existing servitude which is going to be acquired the market value will be the dominant tenement of the servitude diminishing the existing the extinction of the servitude.

1. Compensation for any damage sustain by the reason of the severance of the land from his other land.
2. Compensation for any damage sustain by the reason of the land injuriously affecting on his adjoining land or any immovable property thereon. -This (i) & (ii) shall not exceed twenty per centum of the market value
3. Compensation for loss of earnings from any Business This shall not exceed three times the average annual net profits from the business as shown by the books of accounts, for the three calendar years immediately preceding the date of section 7 published.
4. Any reasonable expenses of effecting any change of residence necessarily caused by the acquisition of the land.

1. The degree of urgency of the acquisition of the Land or servitude.
2. His disinclination to part with his interest in the Land or to allow the acquisition of the servitude
3. Any damage sustained to a private person if such person liable to a suit
4. Any damage which after the award of compensation
5. Any increase which occur in the market value after its acquisition under this Act
6. Any improvement made on the land after the notice under section 4

• Rental Valuations are furnished to the State and State Sector Institutions either in respect of their property holdings identified for letting out, or when such institutions require private properties for their occupation and use.
  
  
• Rental Valuation of Government Quarters - Under the provisions of Sec 5.6 and 7.2 of Chapter XIX of Establishment Code, The department fixes Economic Rents as concessions to occupier, who are government servants, and Penal Rents.