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Formal Consolidation |  1985 RevEd
Inquiry and award by Collector
10.—(1)  On the day so fixed, or on any other day to which the inquiry has been adjourned, the Collector shall proceed to inquire into the objections, if any, which any person interested has stated, pursuant to a notice given under section 8, to the measurements made under section 7 and into the value of the land and into the respective interests of the persons claiming the compensation, and shall, as soon as possible after the conclusion of the inquiry, make an award under his hand of —
(a)the area of the land;
(b)the compensation which in his opinion should be allowed for the land; and
(c)the apportionment of the compensation among all the persons known or believed to be interested in the land, of whom or of whose claims he has information, whether or not they have respectively appeared before him.
(2)  The Collector may at any time refer to the High Court for its determination any question as to —
(a)the true construction or validity or effect of any instrument;
(b)the persons entitled to a right or interest in the land;
(c)the extent or nature of such a right or interest;
(d)the apportionment of the compensation or any part thereof for such a right or interest;
(e)the persons to whom the compensation or any part thereof is payable;
(f)the costs of any inquiry under this Act and the persons by whom the costs shall be borne.
(3)  Without prejudice to the powers of the High Court, the costs of any reference under subsection (2) shall be borne by such persons as the High Court may direct or, in the absence of any such direction, by the Collector.
(4)  Where the Collector who has proceeded under this section to inquire into the objections of any person interested ceases for any reason to hold office as Collector at any time before the making of an award under this section, any other officer who is a Collector may in his discretion continue the inquiry or hold a fresh inquiry. For the purpose of this subsection, the Collector who continues the inquiry of a Collector who has ceased to hold office may act on the evidence recorded by the latter.
[66/73]
(5)  Where a Collector who has made an award under this section ceases for any reason to hold office as a Collector before lodging his grounds of award under section 23, any other officer who is a Collector may, if the notice of appeal is lodged under section 23, lodge such grounds of award on behalf of the Collector who has ceased to hold office.
[66/73]
Informal Consolidation | Amended Act 19 of 2007
Inquiry and award by Collector
10.—(1)  On the day so fixed, or on any other day to which the inquiry has been adjourned, the Collector shall proceed to inquire into the objections, if any, which any person interested has stated, pursuant to a notice given under section 8, to any plan prepared under section 7 (if any) and into the value of the land and into the respective interests of the persons claiming the compensation, and shall, as soon as possible after the conclusion of the inquiry, make an award under his hand of —
(a)the area of the land;
(b)the compensation which in his opinion should be allowed for the land; and
(c)the apportionment of the compensation among all the persons known or believed to be interested in the land, of whom or of whose claims he has information, whether or not they have respectively appeared before him.
[19/2007 wef 07/05/2007]
(2)  The Collector may at any time refer to the High Court for its determination any question as to —
(a)the true construction or validity or effect of any instrument;
(b)the persons entitled to a right or interest in the land;
(c)the extent or nature of such a right or interest;
(d)the apportionment of the compensation or any part thereof for such a right or interest;
(e)the persons to whom the compensation or any part thereof is payable;
(f)the costs of any inquiry under this Act and the persons by whom the costs shall be borne.
(3)  Without prejudice to the powers of the High Court, the costs of any reference under subsection (2) shall be borne by such persons as the High Court may direct or, in the absence of any such direction, by the Collector.
(4)  Where the Collector who has proceeded under this section to inquire into the objections of any person interested ceases for any reason to hold office as Collector at any time before the making of an award under this section, any other officer who is a Collector may in his discretion continue the inquiry or hold a fresh inquiry. For the purpose of this subsection, the Collector who continues the inquiry of a Collector who has ceased to hold office may act on the evidence recorded by the latter.
[66/73]
(5)  Where a Collector who has made an award under this section ceases for any reason to hold office as a Collector before lodging his grounds of award under section 23, any other officer who is a Collector may, if the notice of appeal is lodged under section 23, lodge such grounds of award on behalf of the Collector who has ceased to hold office.
[66/73]
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Last updated 20 Apr 2024
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