PART II - COMPULSORY ACQUISITION OF LAND

s. 3 - The Act shall apply to all cases of compulsory acquisition of land.
s. 12 - Right to compensation
1. An interested person whose land is compulsorily acquired shall be entitled to the payment of compensation
s. 8 on the Constitution -
1. Protection from deprivation of property
  1. No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where
    1. the taking of possession or acquisition is necessary or expedient in the interests of defence, public safety, public order, public morality, public health, town and country planning, the development or utilisation of any property in such a manner as to promote the public benefit or the social and economic well-being of the people of Mauritius
    2. there is reasonable justification for the causing of any hardship that may result to any person having an interest in or right over the property
    3. provision is made by a law applicable to that taking of possession or acquisition
      1. for the payment of adequate compensation
      2. securing to any person having an interest in or right over the property aright of access to the Supreme Court, whether direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he is entitled, and for the purpose of obtaining payment of that compensation
  2. No person who is entitled to compensation under this section, other than a resident of Mauritius, shall be prevented from remitting, within a reasonable time after he has received any amount of that compensation, the whole of that amount (free fromany deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside Mauritius.
    1. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (2) to the extent that the law in question authorises
      1. the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party
      2. the imposition of reasonable restrictions on the manner in which any amount of compensation is to be remitted
      3. the imposition of any deduction, charge or tax that is made or levied generally in respect of the remission of money from Mauritius and that is not discriminatory within the meaning of section 16(3)
s. 5 - Acquisition other than for Government
1. Where a person requires any land and has not been able to acquire, it by private agreement, he may make a written request to the Minister for the compulsory acquisition of the land.
  1. a description of the land which is required
  2. the approximate value of the land for compensation purposes
  3. the reasons for which the land is required
  4. state that it has not been possible to acquire the land by private agreement
  5. the Minister may
    1. require the person making the request to furnish him with such further information as he requires to enable him to determine whether or not the land may be acquired compulsorily
    2. acquire the land compulsorily on behalf of the person making the request in accordance with the other provisions of this Act
2. Any expenses incurred in connection with the acquisition of land under this section shall be reimbursed to the Government by the person on whose behalf the land has been acquired and shall be paid into the Consolidated Fund.
s. 6 - Investigation of land
1. an investigation of the land is necessary to determine its suitability for the purpose for which it would be acquired
2. it is not possible to obtain access to the land by private agreement
3. the Minister shall give notice to that effect in 2 issues of the Gazette and in 2 issues of 2 daily newspapers, there being in each case an interval of at least 7 days between the first and second publications
  1. describe the land with precision, either in words or by reference to a map or plan drawn up by a land surveyor in accordance with the Cadastral Survey Act 2011 which shall be deposited at such place as may be specified in the notice and which shall be open to inspection by the public
  2. state the purpose for which the land is being acquired
  3. in the case of an acquisition under section 5, state the name, address and occupation of the person for whom the land is being acquired
  4. require every interested person to give the authorised officer, within 14 days of the second publication of the notice in the Gazette, a written declaration of the nature of his interest in the land and of the amount and details of his claim for compensation
  5. On or about the date of the first publication of the notice, a copy of the notice shall be served by the authorised officer on the owner of the lan
4. the conditions of section 8 (1) (a) and (b) of the Constitution are fulfilled
s. 11 - Vesting of land
1. Where no challenge to the legality of the compulsory acquisition of any land has been made under section 10 or where any such challenge has been overruled, the authorized officer shall cause the notice published in the Gazette under section 8 to be transcribed by the Conservator of Mortgages, who shall forthwith deliver to the authorised officer a certificate under section 7 of the Transcription and Mortgages Act.
2. The transcription of the notice published in the Gazette under section 8 shall constitute in favour of the Government, or where the acquisition of the land is made pursuant to a request under section 5 (1), of the person specified in the notice, title to the land to which it relates, free from all charges and encumbrances.
3. Upon the transcription of the notice published in the Gazette under section 8, no proceedings shall be instituted to prevent the transfer of title in the land to which the notice relates, and the rights of any interested person shall be satisfied out of the compensation payable under this Act.

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PART II - COMPULSORY ACQUISITION OF LAND

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