Singapore legislation
Clause 43
Clause 43
Director may acquire land for part of back-lane
(1)
Where upon the submission of a plan relating to a building for the approval of the Chief Building Surveyor under section 51 of this Ordinance it appears that the site thereof or any land set apart by the person submitting the plan abuts upon any land capable of forming part of a back-lane in conformity with a line laid down by the Competent Authority for a back-lane, the Director may, if he thinks fit, acquire such lastmentioned land on behalf of the Government and shall notify the owner accordingly:Provided that no land shall be acquired under this subsection the acquisition of which would cause a severance of land from other land forming part of the same holding.
(2)
Where any land is set apart or acquired under this section, the Director may prepare a plan of the land or any part thereof and by writing declare that the same has been acquired by the Government under this section, and, in the event of his so doing, shall register such writing together with such plan under the Land Titles Ordinance, 1956 (Ord. 21 of 1956), in respect of registered land and under the Registration of Deeds Ordinance (Cap. 255) in respect of other land.
(3)
Upon such registration under subsection (2) of this section, the land comprised in such plan shall be deemed to have vested in the Government for the purposes of this Ordinance freed from all incumbrances thereon, and, where such land is held under a Statutory Land Grant, such setting apart or acquisition shall not be deemed to be a sub-division within the meaning of the Crown Lands Ordinance (Cap. 244).
(4)
After such registration the Director shall with all reasonable speed proceed to demolish and remove any building or portion of a building which is on the land so vested in it.
(5)
A notification to the owner by the Director of his intention to acquire any land under this section shall have the like effect with respect to the acquisition by the Government of and payment for such land as if the same were a declaration under section 5 of the Land Acquisition Ordinance (Cap. 248).
(6)
The Government shall make compensation for land set apart or acquired under this section, without any allowance in respect of compulsory purchase or any other matter, in accordance with the following provisions: —
where the land is set apart or acquired for a back-lane and the whole or more than one-half in width of the land so set apart or acquired formed part of one holding, compensation shall be paid for such portion of the said land as exceeds such one-half in width, and the Government shall at its own expense reconstruct the back portion of the building (if any) on such holding abutting on any land so acquired, in accordance with such scale of reconstruction as in its discretion it considers proper;
where the land is set apart or acquired for a back-lane and one-half or less in width of the land so set apart or acquired formed part of one holding, no compensation shall be payable, but the Government shall at its own expense reconstruct the back portion of the building (if any) on such holding abutting on the land so acquired, in accordance with such scale of reconstruction as in its discretion it considers proper;
where the acquisition under subsection (1) of this section of part of a building renders useless the remainder of such building, the Government shall, if the owner so requires, acquire the remainder of the holding covered by such building and its appurtenances and shall pay for such remainder in accordance with this section; and
no compensation shall be paid for or in respect of any buildings on any land set apart for a back-lane by a person submitting a plan.
(7)
Save as in this section mentioned, no compensation shall be paid in respect of land set apart or acquired under this section whether to form part of a back-lane or otherwise.
(8)
In cases where a setting apart would cause a severance of land belonging to the owner from other land forming part of the same holding, no compensation shall be paid for such severance, but if the lesser portion of the land so severed has been rendered useless as a building site on account of the severance the Director shall acquire such lesser portion and shall pay in respect thereof compensation in accordance with this section.
(9)
When the Government is unable to agree with the person entitled thereto as to the compensation payable under this section, it shall be ascertained as follows: —
if the amount claimed does not exceed one thousand dollars, in the manner provided by section 152 of this Ordinance; and
in all other cases in accordance with the provisions of sections 10 to 15 (inclusive), sections 20 to 25 (inclusive) and sections 28 to 40 (inclusive) of the Land Acquisition Ordinance (Cap. 248) but so that in section 10 of that Ordinance the words “after giving due notice to the Director and the person entitled to the land” shall be deemed to be substituted for the words “on the day so fixed or on any other day to which the enquiry has been adjourned”:Provided always that if the Government and the parties claiming compensation agree to refer the question as to what compensation is payable under the terms of this subsection to arbitrators, they may do so, and any arbitrator or arbitrators so appointed shall proceed to hear the parties and determine the amount payable as compensation.
(10)
Without prejudice to the provisions of any other written law for the time being in force governing the acquisition of land for public purposes, the price to be paid by the Government for any land set apart or acquired or for buildings acquired under this section for which compensation is payable shall be ascertained in accordance with the following provisions: —
where there are no buildings on the land or where the whole of the land and buildings are acquired, in the manner provided in the Land Acquisition Ordinance (Cap. 248); in the case of a setting apart, as at the date the plan was submitted, and in other cases as at the date when the Director notified the owner of Government’s intention to acquire the land; and
where there are buildings on the land and only part of the land is acquired —
where the part of the buildings acquired is used as a dwelling-house and is, owing to the absence of air and light or other causes, unfit for human habitation, in accordance with the market value of the land and building materials thereon at the date the Director notified the owner of Government’s intention to acquire the land;
where the part of the building acquired is not used as a dwelling-house or for human habitation and is not in good sanitary condition, in accordance with the market value of the land and building materials thereon at the date the Director notified the owner of Government’s intention to acquire the land;
where the part of the buildings acquired is in good sanitary condition, in accordance with the market value of the land and buildings at the date the Director notified the owner of Government’s intention to acquire the land.
(11)
When a plan is approved under subsection (1) of section 51 of this Ordinance in respect of a holding abutting on a back-lane or on vacant land set apart or acquired for a back-lane, for the setting apart or acquisition of which the Government has not paid any moneys, the person owning the holding shall reimburse the Government any moneys at any time thereafter paid or payable by it for the acquisition by any means of such portion of the back-lane or land so set apart or acquired to the centre thereof as abuts on such holding to the extent to which it so abuts.
(12)
Where the Government has acquired any land lying between any holding and a back-lane immediately opposite such holding the owner at the time when the demand next hereinafter mentioned is made of every such holding shall, upon the demand of the Director in writing reimburse to the Government all moneys at any time paid by it for the said land, and upon such payment being made the Government shall assure to such owner the said land and shall, except in the case of land acquired under subsection (4) of section 55 of this Ordinance, at its own expense construct party or other walls enclosing the said land to such extent and in such manner as it may deem proper.
(13)
No compensation under this section shall be paid in respect of land set apart or otherwise acquired prior to the 1st day of January 1932, until sufficient land has been set apart or otherwise acquired to enable the Director to form a back-lane extending from one public street or back-lane to another public street or back-lane.