Land Acquisition Act 1966 · 2020 Revised Edition · Part 6 · Temporary Occupation and Use of Land
43. Compensation for temporary occupation of land
Feedback & supportLast amended by an amending law of 2015.
Subject to sections 44 and 44A, every person interested in temporarily occupied land is entitled to claim compensation for the items of loss, damage or cost set out in the first column of the Schedule to the extent of the loss, damage or cost suffered or incurred by the person interested.
person interested
“person interested” includes every person claiming an interest in compensation to be made on account of the acquisition of land under this Act, but does not include a tenant by the month or at will;
A claim for compensation for an item of loss, damage or cost set out in the first column of the Schedule is to be assessed by the Collector —
Collector
“Collector” has the meaning given by the Land Revenue Collection Act 1940;
on the basis of the matters specified opposite in the second column of the Schedule; and
by not taking into consideration any of the matters specified in subsection (3).
No account is to be taken of the following in the assessment of any claim for compensation by any person interested in temporarily occupied land:
temporarily occupied land
“temporarily occupied land” means any land temporary possession of which is or has been taken in accordance with a direction under section 42.
the financial loss resulting from the interruption of or interference with any trade or business carried on any land;
any increase or decrease in the value of the land to which the compensation relates which is attributable to the purpose for which the land is occupied and used;
any building, object or structure within the land which was erected and maintained in contravention of any written law in force on the date of the notice under section 42(3) relating to that land;
any building or part of a building within the land which has been constructed or modified or on which building works have been carried out so as to amount to a contravention of the Building Control Act 1989 within the meaning of that Act.
Upon receiving a claim for compensation from any person interested in temporarily occupied land, the Collector is to inquire into that claim and must, as soon as is possible —
make an award of compensation for such loss, damage or cost arising from the exercise of the powers under section 42 as is determined in accordance with this section; and
give written notice to the person interested of that award of compensation.
To avoid doubt, nothing in this section prevents the Collector from restoring the temporarily occupied land to the reasonable satisfaction of the persons interested in the land before returning the land to the persons interested, in lieu of compensation for any item of loss, damage or cost set out in the first column of the Schedule.
land
“land” includes any airspace, subterranean space, foreshore, and benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;