Singapore legislation

Clause 3

of Land Acquisition (Temporary Provisions) Ordinance

Clause 3

Matters to be considered in determining compensation

(1)

Notwithstanding the provisions of the Land Acquisition Ordinance and subject to the provisions of subsection (2) of this section, in the case of any acquisition of land when in respect of such land a notification made under subsection (1) of section 3 or a declaration made under subsection (1) of section 5 of the Land Acquisition Ordinance has been published in the Gazette on or after the coming into operation of this Ordinance, the Court, in determining the amount of compensation to be awarded, shall take into consideration the following matters and no others, namely: —

(a)

the market value of such land and any building thereon as on 1st January, 1961, having regard to the state and condition in which they existed at the date of the publication of the notification under subsection (1) of section 3 of the Land Acquisition Ordinance or in the absence of such notification, the date of the declaration under subsection (1) of section 5 of the Land Acquisition Ordinance (Cap. 248):Provided that no regard shall be taken of any improvements to such land or buildings which may have been made between 1st January, 1961, and the date of the publication of the notification under subsection (1) of section 3 of the Land Acquisition Ordinance or in the absence of such notification, the date of the declaration under subsection (1) of section 5 of the Land Acquisition Ordinance unless such improvements had been made bona fide by the person interested or his predecessors in interest:And provided also that such market value shall be deemed not to exceed —

(i)

any value in respect of such land and any buildings thereon stated 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 such value for the purposes of assessing the tax or duty payable thereon where such statement has been made between the date of the coming into operation of this Ordinance and the date of the publication of the notification under subsection (1) of section 3 of the Land Acquisition Ordinance or in the absence of such notification, the date of the declaration under subsection (1) of section 5 of the Land Acquisition Ordinance (Cap. 248);

(ii)

where no such statement as is specified in paragraph (i) of this proviso has been made between the dates specified therein, the consideration or purchase price of any such land and any buildings thereon on its last sale or transfer subsequent to the coming into operation of this Ordinance;

(iii)

where any such statement as is specified in paragraph (i) of this proviso was made between the 3rd day of June 1959, and the coming into operation of this Ordinance, an aggregate amount of the value in respect of such land and any buildings thereon as stated therein and accepted by a public officer between such dates under the provisions of any written law, and the percentage by which the value of comparable land has appreciated between the 3rd day of June 1959, and the 1st day of January 1961;

(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 by reason of the Collector’s taking possession of the land and of the severance of such land from his other land;

(d)

the damage, if any, sustained by the person interested by reason of the Collector’s taking possession of the land and of the acquisition injuriously affecting his other property, whether movable or immovable, in any other manner or his actual earnings; and

(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 such change.

(2)

Notwithstanding the provisions of the Land Acquisition Ordinance (Cap. 248), in the case of any acquisition of leasehold land, the amount of compensation awarded under this Ordinance shall in no case exceed the market value of the leasehold interest at the date of the publication of the notification under subsection (1) of section 3 of the Land Acquisition Ordinance, or in the absence of such notification, the date of the declaration under subsection (1) of section 5 of the Land Acquisition Ordinance.