Singapore legislation
Clause 21
Clause 21
Widening of streets
(1)
The Director may, with the concurrence of the Competent Authority, decide that any private street or any part of a private street shall be widened to a width of not less than thirty-six feet throughout its length, and for this purpose may prepare a plan complying with the requirements of the Land Titles Ordinance, 1956, in respect of registered land and of the Registration of Deeds Ordinance in respect of other land showing thereon the premises the acquisition of which will be rendered necessary to effect such widening and by deed may declare that the same shall vest in the Government and may register such deed together with the aforesaid plan in accordance with the provisions of the Land Titles Ordinance, 1956, in respect of registered land and the Registration of Deeds Ordinance in respect of other land.
(2)
Upon such registration the aforesaid premises shall vest in the Government free from all incumbrances and where such premises are held under a Statutory Land Grant, such vesting shall not be deemed to create a subdivision within the meaning of the Crown Lands Ordinance:Provided that no part of such premises shall be deemed to be or to form part of a public street by reason of their having become vested in the Government or by reason of their subsequently being repaired or maintained by the Government notwithstanding the fact that the private street of which the premises may be deemed to form part may be a street over which the public have a right of way, but shall be deemed to be a part of such private street until the whole of the street or the entire width of that part of it adjoining such premises shall have been declared a public street in accordance with the provisions of this Part of this Ordinance.
(3)
Whenever any premises other than those referred to in subsection (1) of this section have been acquired by the Government pursuant to the provisions of subsections (5) and (6) of this section, the Director shall prepare a plan complying with the requirements mentioned in subsection (1) of this section of the premises so acquired and shall by deed declare that such premises have been acquired by the Government and upon registration of such deed together with the plan the premises shall vest in the Government free from all incumbrances.
(4)
When the Director has pursuant to the provisions of this section registered any deed, he may take possession of the premises described therein and may proceed to demolish and remove any building or portion of any building forming part thereof.
(5)
Where the acquisition under this section of any portion of a building affixed to a holding renders useless the remainder of such building, the Government shall, if the owner so requires, acquire the remainder of the holding of which such building forms a part and shall pay compensation therefor in accordance with the provisions of subsection (7) of this section.
(6)
Where the acquisition under this section of any portion of a holding having no building affixed to that portion or to the remainder of the holding, would render useless as a building site the remainder of the holding the Government shall, if the owner so requires, acquire the remainder of the holding, and shall pay compensation therefor in accordance with the provisions of subsection (7) of this section.
(7)
Compensation for premises acquired under the provisions of this section shall be paid to such owners thereof as require to be paid compensation in accordance with the following provisions: —
where the whole of a holding is acquired, compensation shall be paid for the whole of such holding;
where the premises acquired are vacant or there are no buildings other than an enclosing wall, hedge, paling, gateway or fence forming part thereof erected thereon, and a portion only of a holding is acquired, the Director shall set back such wall, hedge, paling, gateway or fence (if any) to the boundary of the premises acquired, and shall pay compensation for all premises acquired lying beyond a distance of eighteen feet from the centre of the street existing as at the date of the decision of the Director referred to in subsection (1) of this section, but no compensation shall be payable in respect of severance;
where there are buildings forming part of the premises acquired, compensation shall be paid for such premises:Provided that in the ascertainment of such compensation the value of all premises lying within a distance of eighteen feet from the centre of the street existing at the date of the aforesaid decision shall not be taken into account and that no compensation for severance of land shall be payable where the whole of a building is acquired; and
in the case of premises situate at the corner of such private street and another street where the frontage of the holding to such other street is of greater value per square foot than the frontage to the private street the subject of widening referred to in this section, compensation shall be paid for the whole of the premises acquired to a depth not exceeding one hundred feet from such other street.
(8)
Save as in this section provided, the compensation to be paid by the Government for any premises acquired under this section shall be ascertained in accordance with the provisions of the Land Acquisition Ordinance (Cap. 248) and any other written law for the time being in force governing the acquisition of land for public purposes, as if the same were acquired for a public purpose, the date of the aforesaid registration being substituted for the date of the declaration under subsection (1) of section 5 of the Land Acquisition Ordinance for the purpose of ascertaining the market value of the premises.
(9)
The total cost of acquisitions under this section shall be paid to the Government by the owners at the time of the apportionment hereafter in this subsection mentioned, of the premises fronting, adjoining or abutting upon such street or part thereof so widened by the inclusion of the premises vested in the Government under subsection (2) of this section, in proportion to the frontages of the respective premises of such owners adjoining or abutting upon such street. The Director shall as soon as may be after completion of the acquisitions apportion such cost accordingly and may, without prejudice to any other remedies for the recovery thereof, recover the apportioned parts of such cost in the manner provided in section 155 of this Ordinance, and from the date of such apportionment until recovered such apportioned parts shall, subject and without prejudice to the rights of the Crown, be first charges upon the premises to which they shall have been apportioned and such charges may be enforced and the remedies conferred by this subsection may be exercised against the respective premises or against any movable property or crops for the time being found thereon notwithstanding any changes in the ownership or occupation of such premises.