LANDS ACQUISITION AND COMPENSATION: SUBSIDIARY LEGISLATION
LANDS ACQUISITION AND COMPENSATION REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATIONS
PART I
PRELIMINARY
1. Citation and application
PART II
ACQUISITION
2. Notice of preliminary investigation
3. Notice of intention to acquire and claim
4. Notice to yield up possession
PART III
COMPENSATION
5. Offer of compensation
6. Acceptance of compensation
PART IV
DISPUTE SETTLEMENT
7. Commencement of proceeding in court
8. Date of hearing
9. Notice of hearing
10. Witness summons
11. Attendance of defendant
12. Dismissal for non-attendance
13. Restoration of proceeding
14. Procedure for hearing
15. Witness summons
16. Determination in writing
17. Costs
18. Open proceeding
19. Duration of hearing
20. Appeals to the High Court
21. Final determination of facts
SCHEDULE
G.N. 30/2020
LANDS ACQUISITION AND COMPENSATION REGULATIONS
under s. 18
PART I
PRELIMINARY
(1) These Regulations may be cited as the Lands Acquisition and Compensation Regulations.
(2) These Regulations shall not apply to a process of lands acquisition and compensation which was commenced before the coming into force of these Regulations.
PART II
ACQUISITION
2. Notice of preliminary investigation
A notice of preliminary investigation as provided under section 4 (2) of the Act shall be in Form I in the Schedule.
3. Notice of intention to acquire and claim
(1) A notice of intention to acquire as provided under section 5 (1) of the Act shall be in Form II in the Schedule.
(2) A notice of a claim provided under section 5 (3) of the Act shall be in Form III of the Schedule.
(3) A person shall, upon completion of the form, submit the form, with evidence of proof of ownership of land, to the district lands officer and the officer shall within twenty-one days of receipt of the form, submit the forms to the Commissioner of Lands.
4. Notice to yield up possession
The notice to yield up possession of land upon expiration of a period specified in the notice as provided under section 6 of the Act shall be in Form IV in the Schedule.
PART III
COMPENSATION
Where an assessment of compensation is made under sections 10 and 10A of the Act, an offer of compensation shall be made in Form V in the Schedule.
An acceptance of an offer of compensation shall be in Form VI in the Schedule.
PART IV
DISPUTE SETTLEMENT
7. Commencement of proceedings in court
(1) In this Part, “court” means the court of a resident magistrate.
(2) A person aggrieved by a determination under section 4 or section 6 of the Act, or claims a better right under section 11 of the Act, may commence, by summons, proceedings in court within thirty days of the determination.
(1) On receipt of the summons under regulation 7, the court shall open a case file and shall record all the particulars in the register.
(2) The court shall fix a date of hearing within thirty days from the date of the registration of the proceeding.
(3) In fixing the date of hearing in subregulation (2), the court shall have due regard to the place of residence of the defendant and the time necessary for service of the notice of attendance and the hearing date shall be so fixed as to allow the defendant sufficient time to enable him to appear on such a day.
(4) Notwithstanding subregulation (3), where the parties are immediately available, the court may dispense with the requirement to notify and may set the date of hearing promptly.
The court shall prepare a notice of hearing, in Form VII in the Schedule, and shall serve the notice on all parties to the proceeding.
Where a witness is required to appear before the court, the court shall prepare a witness summons in Form VIII in the Schedule.
Where a claimant attends the court on the date of hearing and the court is satisfied that—
(a) the notice of hearing was served on the defendant and the defendant has failed to attend, the court may proceed to hear the matter in the absence of the defendant; or
(b) the notice of hearing was not served in sufficient time for the defendant to attend the hearing or for other sufficient cause the defendant was unable to attend the hearing, the court shall adjourn the hearing to another date.
12. Dismissal for non-attendance
Where on the date of the hearing, the claimant fails to attend, the court may dismiss the proceeding.
Where a proceeding has been dismissed under regulation 12, a claimant may be allowed to restore the proceeding, within fourteen days…
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