7. Section 33 of the principal Act is hereby repealed and the following substituted therefor: —“Matters to be considered in determining compensation |
33.—(1) In determining the amount of compensation to be awarded for land acquired under this Act, the Board shall, subject to the provisions of subsections (2), (3) and (4) of this section, take into consideration the following matters and no others, namely: —(a) | the market value as at the 30th day of November 1973, or the market value as at the date of the publication of the notification under subsection (1) of section 3 of this Act if the notification is within six months from the date thereof followed by a declaration under section 5 of this Act in respect of the same land or part thereof, or the market value as at the date of the publication of the declaration made under section 5 of this Act, whichever is the lowest; | (b) | any increase in the value of any other land of the person interested likely to accrue from the use to which the land acquired will be put; | (c) | the damage, if any, sustained by the person interested at the time of the Collector’s taking possession of the land by reason of severing that land from his other land; | (d) | the damage, if any, sustained by the person interested at the time of the Collector’s taking possession of the land by reason of the acquisition injuriously affecting his other property, whether movable or immovable, in any other manner; | (e) | if, in consequence of the acquisition, he is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to that change; | (f) | if, in consequence of the acquisition, any re-issue of title is necessary, the fees or costs relating to survey, issue and registration of title, stamp duty and such other costs or fees which may reasonably be incurred. |
(2) In the case of an acquisition for any purpose specified in subsection (1) of section 5 of this Act of any land devastated or affected directly or indirectly by fire, explosion, thunderbolt, earthquake, storm, tempest, flood or any act of God, or of any land immediately adjoining such devastated or affected land as is required for any such purpose, the Board shall not, in the case of any such acquisition within a period of six months of the land being devastated or affected as aforesaid, take into consideration the matters set out in paragraphs (a) and (e) of subsection (1) of this section but shall instead consider the market value of the land immediately before it was devastated or affected as aforesaid having due regard to the fact that at the material time the land could not have been conveyed with vacant possession as it was subject to encumbrances, tenancies, or occupation by squatters, but without taking into account the value of any buildings or structures, permanent or otherwise, on the land at the material time. |
(3) The amount of compensation to be awarded for any land referred to in subsection (2) of this section shall not exceed —(a) | one-third of the value of such land had it been vacant land not subject to encumbrances, tenancies or occupation by squatters unless the Minister in his discretion, by notification in the Gazette, specifies otherwise; or | (b) | the market value of the land as at the 30th day of November 1973, |
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(4) Any acquisition of any land referred to in subsection (2) of this section shall not affect the rights or liabilities or any owner, lessee, tenant or occupier of such buildings or structures in respect of any contract of insurance entered into by such owner, lessee, tenant or occupier. |
(5) For the purposes of paragraph (a) of subsection (1) of this section —(a) | if the market value has been increased as a result of any improvement within two years before the declaration under the provisions of section 5 of this Act was published, that increase shall be disregarded unless it is proved that the improvement was made by the owner of the land or his predecessors in interest and was made bona fide and not in contemplation of proceedings for the acquisition of the land being taken under this Act; | (b) | if the value of the land is increased by reason of the use thereof or of any premises thereon in a manner which could be restrained by any court or is contrary to law or is detrimental to the health of the inmates of the premises or to public health, the amount of that increase shall not be taken into account; | (c) | if the value of the land has been increased by reason of development in the neighbourhood by the provision of roads, drains, electricity, water, gas or sewerage or social, educational or recreational facilities within seven years preceding the date —(i) | in a case where the notice, under subsection (1) of section 3 of this Act, is followed within six months by a declaration under subsection (1) of section 5 of this Act — of the notice; and | (ii) | in any other case — of the declaration under subsection (1) of section 5 of this Act, |
the amount of that increase shall not be taken into account; |
| (d) | if any land in respect of which a value has been stated by or with the knowledge or consent of the owner thereof in any affidavit, return or other document required to be made or delivered to any public officer under the provisions of any written law and accepted by him at that value for the purposes of assessing the tax or duty payable thereon where the statement was made within two years of the date of the declaration under subsection (1) of section 5 of this Act in respect of the land, the market value of the acquired land at the date of the statement shall be deemed not to exceed the value therein contained; | (e) | the market value of the acquired land shall be deemed not to exceed the price which a bona fide purchaser might reasonably be expected to pay for the land on the basis of its existing use or in anticipation of the continued use of the land for the purpose designated in the Master Plan, whichever is the lower, after taking into account the zoning and density requirements and any other restrictions imposed under the Planning Act (Cap. 279) and any restrictive covenants in the title of the acquired land, and no account shall be taken of any potential value of the land for any other more intensive use; and | (f) | where the acquired land is used as a burial ground, the market value of the land shall be computed on the basis that the land is a burial ground and any consideration, in cash or kind, already received by the owner of the acquired land for the allocation of grave plots shall be taken into account, and no account shall be taken of any potential value of the land for any other more intensive use.”. |
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