30/01/2023
🏘️房地产买卖指南1
🏚️ 房地产被强制征收- 怎么办？
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🏘️ What would happen if the Government decides to acquire your land?
1. Who can acquire your land?
Section 3(1) of the Land Acquisition Act 1960 (“LAA”) provides that only the State Authority could acquire your land, but the State Authority can do so on behalf of any person or corporation, for the purpose which in the opinion of the State Authority, is beneficial to the economic development of the country or the general public.
2. When would you first be informed of the compulsory acquisition of your land?
Sections 8 and 9 of the LAA - Once the State Authority decides that any of the lands are to be compulsorily acquired, a declaration in Form D shall be published in the Gazette and a public notice in Form E shall be given. At this juncture, an inquiry for the hearing of claims to compensation would be fixed and such date would be made known to ‘persons interested’ in such land.
3. Who are the ‘persons interested’ in such lands, in the context of land acquisition exercise?
Section 11 of the LAA - They could be the landowner, tenant, lessee, occupant, chargee of the said land.
4. Can you object to the State Authority’s decision to acquire your land?
You can’t do so, but you may bring an action to dispute the legality and/or the propriety of the land acquisition exercise i.e. the procedures are not properly complied with.
5. What is the purpose of an ‘inquiry’ in land acquisition exercise?
Section 12 of the LAA - At the inquiry, the Land Administrator shall enquire into the respective interests of all persons claiming compensation in respect of the scheduled land (i.e. the land to be acquired). The enquiry may be postponed, or adjourned and such reasons must be properly recorded by the Land Administrator.
Section 14 of the LAA – The Land Administrator shall pronounce his Award i.e. on the area of the scheduled land, the value of the scheduled land, the apportionment of the compensation awarded to the persons interested.
6. Can you object to the Award given by the Land Administrator?
Section 37 of the LAA – Yes, you may object to the Award in regard to the measurement of the land, the amount of compensation, the persons to whom it is payable and the amount of compensation.
7. Is there a timeline for you to object to the Award?
Section 38 of the LAA – Yes, you would need to submit Form N to the Land Administrator within six (6) weeks from the date of the Award. The objection would then be referred to the High Court.
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