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(2) The scheme shall distinguish the lands proposed to be taken com-
pulsorily.
(3) The scheme may also provide lor the scheme or any part thereof being
carried out and effected by the person entitled to the first estate of
freehold in any property comprised in the scheme or with the concurrence
of such person, under the superintendence and control of the
local authority, and upon such terms and conditions to be embodied in
the scheme as may be agreed upon between the local authority and
such person.
compensation.
Section 21.—(1) Whenever the compensation payable in respect of any
lands or of any interests in any lands proposed to be taken compulsorily
in pursuance of this part of this Act requires to be assessed—
(а) The estimate of the value of such lauds or interests shall be based
upon the fair market value, as estimated at the time of the valuation
being made of such lands, and of the several interests in such
lands, due regard being had to the nature and then condition of the
property, and the probable duiation of the buildings in their
existing state, and to the state of repair thereof, without any additional
allowance in respect of the compulsory purchase of an area
or of any part of an area in respect of which an official representation
has been made, or of any lands included in a scheme which,
in the opinion of the arbitrator, have been so included as falling
under the description of property which may be constituted an
unhealthy area under this part of this Act; and
(б) In such estimate any addition to or improvement of the property made
after the date of the publication in pursuance of this part of this
Act of an advertisement stating the fact of the improvement
scheme having been made shall not (unless such addition or
improvement was necessary for the maintenance of the property
in a proper state of repair) be included, nor in the case of any
interest acquired after the said date shall any separate estimate of
the value thereof be made so as to increase the amount of compensation
to be paid for the lands ; and
(2) O11 the occasion of assessing the compensation payable under any
improvement scheme in respect of any house or premises situate
within an unhealthy area evidence shall be receivable by the arbitrator
to prove—
1st. That the rental of the house 01" premises was enhanced by reason of
the same being used for illegal purposes or being so overcrowded
as to be dangerous or injurious to the health of the inmates ; 01
2nd. That the house or premises axe in such a condition as to be a
nuisance within the meaning of the Acts relating to nuisances, or
are in a state of defective sanitation, or are not in reasonably
good repair ; or