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Appeals Board (Land Acquisition)
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| | 1. |
What is the procedure for bringing an appeal to the Appeals Board against the Collector of Land Revenue's award for compulsory acquisition of my land?
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You may appeal to the Appeals Board against the award of the Collector of Land Revenue ("Collector") by:
(a) lodging with the Registrar two copies of the completed notice of appeal within 14 days of the date you receive the
Collector's award; and
(b) either:
i. depositing with the Accountant-General (by way of cheque, cashier's order or interbank transfer); or
ii. authorising the Collector to deposit with the Accountant-General,
within 14 days of the date of receiving the Collector's award, a sum equivalent to one-third the amount of the
award, or $5,000, whichever is lesser, unless the Collector has waived in writing the requirement of an appeal
deposit; and
(c) thereafter, two copies of the petition of appeal must be lodged with the Registrar within 14 days of the date on
which the Collector of Land Revenue's grounds of award have been served on you.
(Section 23(1)(a), (b) and (c) of the Land Acquisition Act).
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| | 2. |
Will my appeal deposit be used for making any payments relating to my appeal and if so, what are these payments?
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The appeal deposit is a payment to the Accountant-General, as security for costs of your appeal. The money will be banked into the Accountant-General's account. If the Appeals Board orders you at the end of the hearing of your appeal to pay costs of the appeal to the Collector of Revenue, the deposit may be used to satisfy the costs order.
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| | 3. |
How do I calculate the amount of appeal deposit which I need to pay to the Accountant-General?
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An appeal deposit must be one-third of the award, or $5,000, whichever is lower (section 23(1) of the Land Acquisition Act). The following two examples are given by way of illustration, to demonstrate how the appeal deposit should be calculated:
Eg 1
Amount of award = $14,000.
One-third of the award = 1/3 x $14,000 = $4,666.66667, which should be rounded down to the nearest cent, ie, $4,666.66
Since $4,666.66 is less than $5,000, the appeal deposit required is $4,666.66.
Eg 2
Amount of award = $100,000
One-third of the award = 1/3 x $100,000 = $33,333.33..., which should be rounded down to the nearest cent, ie, $33,333.33.
Since $33,333.33 is greater than $5,000, the appeal deposit required is $5,000.
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| | 4. |
Am I entitled to file an appeal against a land acquisition award after I have accepted payment of the Collector of Land Revenue's awarded compensation?
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In order to be entitled to appeal to the Appeals Board against the Collector of Land Revenue's award, you must receive the compensation amount under protest as to the sufficiency of the amount of the award. Therefore, you should inform the Collector of Land Revenue (preferably in writing) that you will be appealing against his award, before accepting payment of compensation under the award of the Collector of Land Revenue.
(Section 40(3) of the Land Acquisition Act)
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| | 5. |
What is the consequence of my late filing of the petition of appeal?
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The appeal which you have lodged shall be deemed by law to have been withdrawn. That means that the appeal may not be allowed to proceed (section 24(b) of the Land Acquisition Act). If you require an extension of time to file your Petition of Appeal after the 14-day deadline imposed by section 23(1)(c) of the Land Acquisition Act, you would have to take out the appropriate interlocutory application for extension of time. The time stipulated in section 23(1)(c) may be extended by the Appeals Board in its discretion and on such terms as it may see fit, if it is shown to the satisfaction of the Appeals Board that you were prevented from lodging the Petition of Appeal in due time owing to absence from Singapore, sickness or other reasonable cause, and that there has been no unreasonable delay on your part.
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Last updated on 07 May, 2012 |
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