Topic: Section 23. Matters to be considered in determining compensation

(1) In deter-mining the amount of compensation to be awarded for damage caused, or to he caused, or for restrictions imposed under this Act, the Court shall take into consideration—

(a) the actual decrease in market-value of the land owing to the publication of the declaration relating thereto under section 3 and any damage cause-ed or to be caused under section 6 ;

(b) the damage sustained by the person interested, by reason of the removal of any standing crops in the exercise of any power conferred by section 6;

(c) the damage (if any) sustained by the person interested, by reason of ceasing to be able to use such land conjointly with his other land;

(d) the damage (if any) sustained by the person interested, by anything done or ordered under sections 6 and 7 injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; and

(e) if, in consequence of the imposition of restrictions, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change.

(2) In addition to the amount representing the actual decrease in the market-value of the land as above provided, the Court shall in every case award a further sum of fifteen per centum on such amount.


"Clause '23.—

We have recast the wording of sub-clause (1), paragraph (a), to preclude argument to the effect that Court must take into consideration the decrease in market-value which has actually occurred between the two points of time specified, irrespective of the question whether such decrease was occasioned by the publication of the declaration under clause 3 or any damage caused or to be caused under clause 6. From para-graph (b) we have removed the reference to "trees" which, in the case of removal of obstruction, must, we think, be taken into consideration under paragraph (a)."—S.C.R.