[Article 83]
Federal Constitution
77
(2) Where in accordance with Clause (1) the Federal Government
requires the State Government to cause to be made a grant of land
in perpetuity, the grant shall be made without restrictions as to
the use of the land but shall be subject to the payment annually
of an appropriate quit rent and the Federation shall pay to the
State a premium equal to the market value for the grant; and
where the Federal Government so requires the State Government
to cause to be granted any other interest in land, the Federation
shall pay to the State the just annual rent therefor and such
premium, if any is required by the State Government, as may
be just:
Provided that if the value of the land has been increased by
means of any improvement made (otherwise than at the expense
of the State) while the land was reserved for federal purposes, the
increase shall not be taken into consideration in determining the
market value, rent or premium for the purposes of this Clause.
(3) Where a requirement is made under Clause (1) in respect
of any land which, at the date of the requirement, was intended
for any State purpose, then if—
(a) other land is acquired by the State for that purpose in
substitution for the first-mentioned land; and
(b) the cost of the land so acquired exceeds the amount paid
by the Federation (otherwise than as rent) in accordance
with Clause (2) in respect of the interest granted to the
Federation,
the Federation shall pay to the State such sum as may be just in
respect of the excess.
(4) Where a further grant is made in pursuance of this Article
in respect of land an interest in which is vested in the Federation
or any public authority, any sums payable by way of premium
under Clause (2) in respect of the further grant shall be reduced
by an amount equal to the market value of any improvements
made (otherwise than at the expense of the State) since that
interest became vested as aforesaid.
(5) The foregoing provisions of this Article (except Clause (3))
shall apply in relation to alienated land as they apply in relation
to land not being alienated land, but subject to the following
modifications:
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