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Speech of the Hon Attorney General
SECOND READING
THE LAND ACQUISITION (AMENDMENT) BILL
(No. XIV of 2013)
Mr Speaker, Sir,
I would like to commend Dr. the Honourable Abu Twalib Kasenally, Minister of Housing
and Lands for introducing the Land Acquisition (Amendment) Bill in the House. The
proposed amendment purports to provide for an interim payment of compensation to a
person whose land has been compulsorily acquired. Such amount will be based on a
determination by the Director Valuation and Real Estate Consultancy Services.
Mr Speaker, Sir,
The Honorable Minister has already given notice of the amendment which he proposes
to move at Committee Stage with regard to clause 3 of the Bill. Clause 3 which
provides for the expeditious listing of appeals, which seek to challenge the legality of
compulsory acquisition of property is being deleted, following consultation with the
Honourable Chief Justice and after having received the assurance that cases “ where
lands are in dispute” may be expedited administratively.
Mr Speaker, Sir,
As regards the interim payment of compensation, it carries undoubted advantages; the
interested person will receive an interim payment pending the award of the Board.
Since the award of the Board can also be subject to an appeal and the whole process
could take some time before it is finally disposed of, the interim payment will enable the
recipient to enjoy and benefit from the said interim payment shortly after the compulsory
acquisition. Such interim payment will however not prejudice an interested person who
wishes to claim additional compensation as it is only an interim payment and subject to
the final decision on the claim for compensation following compulsory acquisition.
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Mr Speaker, Sir,
This has proved to be an effective and practical way of compensating the interested
person pending the award of the Board and in certain instances, the final determination
of the claim if subject to appeal.
Mr Speaker, Sir,
This method of interim payment or advance payment of compensation has been
implemented and is effectively working in other jurisdictions. In the UK, for instance,
section 52 of the Land Compensation Act 1973 provides for a right to an advance
payment of compensation following compulsory acquisition. Likewise, in Australia,
section 51 of the Land Acquisition and Compensation Act 1986 provides for the
claimant to obtain an advance payment of compensation equal to the amount offered.
Mr Speaker, Sir,
Since the Bill purports to amend a “law relating to the compulsory acquisition or taking
of possession of any property” under section 8 (4A) of the Constitution, it will have to be
supported at the final voting in the Assembly by the votes of not less than three quarters
of all the members of this Assembly. I remain confident and am convinced that
Members of this Assembly will give their full support to such an amendment which will
benefit the interested person without prejudicing his rights.
I thank you for your attention.