LAND (ACQUISITION FOR PUBLIC PURPOSES) ORDINANCE, 1943

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1 LAND (ACQUISITION FOR PUBLIC PURPOSES) ORDINANCE, 1943 AN ORDINANCE TO PROVIDE FOR ACQUISITION OF LAND OR ANY INTEREST THEREIN FOR PUBLIC PURPOSES, AND FOR THE PAYMENT OF COMPENSATION THEREFOR BE IT ENACTED by the High Commissioner for Palestine, with the advice of the Advisory Council thereof: - 1. Short Title This Ordinance may be cited as the Land (Acquisition for Public Purposes) Ordinance, Interpretation (No. 34 of 1946) (1) In this Ordinance, unless the context otherwise requires - "Attorney General" includes the Attorney General's representatives; "Court" means the Land Court in whose jurisdiction the land in question is situated; "Land" includes the land of any category or tenure and any building, tree or other thing fixed on the land and any portion of the sea, or shore or a river and any right, interest or easement in or over land or water; "Public Purpose" means any purpose certified by the High Commissioner to be a public purpose. Constitution of Court (2) For the purposes of this Ordinance, the court shall consist of a president or a relieving president of a district court sitting alone. 3. Powers of High Commissioner Where the High Commissioner is satisfied that it is necessary or expedient for any public purpose so to do he may - acquire the ownership of any land; acquire the possession or use or any other right thereon or thereover; (c) acquire any easment on any land or any other right thereon or thereover; (d) impose any easment on any land or any other restraint on the exercise of any right incidental to ownership thereof, paying such compensation or consideration as may be agreed upon or determined under the provisions of this Ordinance. 4. Preliminary Investigation (No. 34 of 1946) (1) Whenever land in any locality is required for any public purpose it shall be lawful for the High Commissioner and his servants and workmen and all persons authorised by the High

2 Commissioner in that behalf to do all or any of the following things: - (c) (d) to enter upon and survey and take levels of any land in such locality; to dig or bore into the subsoil; to do all other acts necessary to ascertain whether the land is suitable for such purpose and the value of the land and of the buildings, trees and crops thereon; to clear the land proposed to be acquired and to set out and mark the boundaries of such land and the work (if any) proposed to be made thereon; (2) As soon as conveniently may be after any entry made under subsection (1), the High Commissioner shall pay for all damage done, and in case of dispute as to the amount to be paid either the Attorney General or the person claiming compensation may apply to the court to determine such amount. 5. Notices (No. 34 of 1946) ( 1) When the High Commissioner intends to acquire any land for any public purpose he shall cause a notice of such intention to be published in the Gazette, and such notice shall be in the form A or the form B set out in the Schedule, whichever is appropriate. He shall also cause a copy of such notice to be posted at convenient places on or near the land to be acquired, and, in addition, he shall cause a copy of such notice to be served on any person whose name is entered in the land registers as the owner of, or as a person having an interest in, the land, and such service shall be effected either personally or by leaving a copy of such notice at the last known place of abode of the person to be served or by sending it through the post by registered letter addressed to such person at his last known postal address, if any. ( 2) The publication in the Gazette of a notice under subsection (1) shall be deemed to be conclusive evidence that the High Commissioner has certified the purpose for which the land is to be acquired to be a public purpose. (3) Upon the publication of a notice under subsection (1) the Director of Land Registration shall, whenever practicable, cause a caveat to be entered in the land registers recording the publication of such notice; such caveat shall be cancelled upon the publication under subsection (1) of section 14, of a notice of withdrawal in respect of any land to which the caveat relates, or upon the registration under subsection (1) of section 19, of the High Commissioner as the owner of any land to which the caveat relates. 6. Power of Disposal of Land It shall be lawful for all persons entitled to any land - (c) (d) to sell it or otherwise dispose of the ownership thereof to the High Commissioner; to permit the possession or use thereof for a definite period by the High Commissioner; to creat any easment thereon or any other right thereof or thereover in favour of the High Commissioner; to creat or acquiesce in, in favour of the High Commissioner, any restraint on the exercise of any right incidental to ownership thereof,

3 and to enter into all necessary agreements for all or any of such purposes; and, in particular, any company, or trustee, guardian, curator or other person representing any person under disability, may, by force of this Ordinance and not withstanding anything to the contrary in any law, memorandum or articles of association or other document, do in relation to such land all or any of the aforesaid acts and enter into all necessary agreements for that purpose. 7. Power to Take Possession (No. 34 of 1946) (1) The High Commissioner may, in a notice given under section 5, or by any subsequent notice given in like manner, direct any person having possession of the land to be acquired to yield up possession of the land on or before the expiration of the period specified in the notice on that behalf, which period shall not be less than two months from the date of publication of such notice in the Gazette unless the land urgently required for the public purpose for which it is to be acquired, and a statement in such notice to the effect that the land is urgently required for the public purpose for which it is to be acquired, shall be conclusive evidence of that fact. (2) At the expiration of the period specified in a notice given under subsection (1) the High Commissioner shall be entitled to enter into or upon, and take possession of the land accordingly. 7A. No Admission or Estoppel by Reason of Notice under Section 5 or 7 (No. 34 of 1946) A notice given under section 5 or 7 shall not be construed as an admission on the part of the High Commissioner that the land therein referred to is held by any person in private ownership or in private lawful possession, and publication of such a notice shall not prejudice any claim by the Government to or in respect of such land. 8. Procedure on Failure to Give Possession (No. 34 of 1946) If the owners or occupiers of the land to be acquired refuse to allow the Attorney General to enter into possession, the Attorney General may apply to the court which, if satisfied that the Attorney General is entitled to possession under section 7, shall issue an order commanding possession to be delivered. 9. Disputes as to Compensation Title to be Settled by Court (No. 34 of 1946) If no claim is lodged with the Director, Department of Land Settlement, within two months from the date of publication in the Gazette of the notice under section 5, or if the person who may have lodged any claim and the High Commissioner shall not agree as to the amount of the compensation to be paid for the right or interest in such land belonging to such person or if such person has not given satisfactory evidence in support of his claim or if separate and conflicting claims are made in respect of the said land, or if the Government claims that the land is vacant State land, the amount of compensation due, if any, and every such case of disputed interest or title shall be settled by the court which shall have jurisdiction to hear and determine in all cases mentioned in this section upon application made by the Attorney General or any person holding or claiming any right or interest in any land named in any notice aforesaid. 10. Decision in Absence of Parties (No. 34 of 1946) Where any person upon whom notice of an application made under section 9 has been served does

4 not appear at the time appointed, a decision may be given ex parte upon hearing the evidence adduced; and such decision shall be effectual as if given after hearing in the presence of such person. 11. Party Not to be Compelled to Sell or Convey Part of a House No person shall at any time be required to sell or dispose of any right or interest in a part only of any house or other building to the High Commissioner if such person be willing and able to sell and convey the whole thereof. 12. Rules for Assessment of Compensation (No. 34 of 1946) In estimating the compensation to be awarded for any land or right or interest therein, the court shall act in accordance with the following rules:- no allowance shall be made on account of the acquisition being compulsory; the value of the land shall, subject as hereinafter provided, be taken to be the amount which the land, if sold in the open market by a willing seller, might be expected to realise; Provided that the court in estimating such compensation shall assess the same according to what it shall find to have been the value of such land, right or interest on the said basis at the time when the High Commissioner published in the Gazette the notice of intention to acquire the same and without regard to any improvement or works made or constructed thereafter or to be made or constructed thereafter on the said land. Provided further that where the Army, Navy, Air Force or any other Government Department has been in possession of the land by virtue of a title less than absolute ownership, compensation shall be estimated without regard to any increase in value on account of works constructed on the said land by the Army, Navy, Air Force or other Government Department. Provided further that the court, in estimating such compensation, shall give consideration to all returns and assessments of capital or rental value for texation made by or aquiesced in by the claimant; (c) (d) (e) the special suitability or adaptability of the land for any purpose shall not be taken into account if it is a purpose to which it could be applied only in pursuance of powers derived from legislation or for which there is no market apart from the special needs of a particular purchaser or the requirements of the High Commissioner; where the land is and but for the compulsory acquisition would continue to be devoted to a purpose of such nature that there is no general demand or market for land for that purpose, the compensation may, if the court is satisfied that re-instatment in some other place is bona fide intended, be assessed on the basis of the reasonable cost of such equivalent reinstatement; in assessing the rent to be paid for the lease of land, the court shall assess such rent on the basis that it shall be such annual amount as will be reasonable compensation of the owner for the actual loss which he is likely to sustain by reason of the acquisition, or a reasonable return to the owner on the capital value of the land not exceeding six per centum of that value as assessed in accordance with the provisions of the preceding paragraphs, whichever amount shall be the less;

5 (f) (g) (h) the court shall assess the compensation to be paid by way of damage for the imposition of any easment or other restraint on the exercise of any rights incidental to ownership on the basis of the amount by which the value of the land assessed in accordance with the preceding paragraphs shall have been diminished by reason of the imposition of such easment or restraint; where part only of the land belonging to any person is acquired under this Ordinance, the court shall take into consideration any enhancement of the value of the residue of the land by reason of the proximity of any improvements or works made or constructed or to be made or constructed by the High Commissioner; the court shall also have regard to the damage, if any, to be sustained by the owner by reason of the severance of the land acquired for public purposes from other land belonging to such owner or other injurious effect on such other land by the exercise of the powers conferred by this Ordinance. 13. Compensation for Loss of Rents (No. 34 of 1946) (1) Where the High Commissioner has, in pursuance of a notice under section 7, entered into possession of any land, he shall pay compensation to the owner of such land and to all persons entitled to any right or interest therein for loss of rents for the period between the time when the High Commissioner so entered into possession and the time when the consideration due for such land under an agreement has been paid to the person entitled thereto, or compensation in respect of such land has been paid to such person or has been paid into court under the provisions of this Ordinance, whichever is the earliest: Provided that where the High Commissioner has made to any claimant an offer in writing of any sum as compensation in respect of such land, and the sum awarded by the court to the claimant or accepted by that claimant does not exceed the sum offered, the High Commissioner shall pay compensation to such claimant for loss of rents in respect only of the period between the time when the High Commissioner entered into possession as aforesaid and the time when such offer was made. ( 2) In case of dispute as to the amount of compensation to be paid by the High Commissioner under subsection (1) either the Attorney General or the person claiming such compensation may apply to the court to determine such amount. 14. Power of High Commissioner to Withdraw from the Acquisition of Land (No. 34 of 1946) (1) The High Commissioner may at any time withdraw, either in whole or in part, from the acquisition of any land described in a notice of intention to acquire such land given under section 5 by giving, in the manner set out in section 5, a notice of withdrawal to all persons whose names are entered in the land registers as the owners of, or as persons having any right or interest in, the land from the acquisition of which he wishes to withdraw, and also to any persons other than the said persons who have made a claim to such land pursuant to, and in compliance with, a notice of intention to acquire such land, given under section 5, and upon the publication in the Gazette of such notice of withdrawal, the land to which such notice refers shall be wholly discharged from the effect of such notice of intention to acquire such land, and the High Commissioner shall be wholly discharged from any obligation, including obligation to pay compensation, in respect of such land:

6 Provided that the High Commissioner shall not be entitled to withdraw, either in whole or in part, from the acquisition of any land if - (c) he has, under the provisions of this Ordinance, or of any Ordinance repealed by this Ordinance, entered into possession of the land from the acquisition of which he wishes to withdraw; or the Attorney General has failed within one month of the decision of the court as to the amount of compensation payable in respect of such land to give notice in writing to the court that the High Commissioner does not intend to proceed with the acquisition of such land; or such land has become vested in the High Commissioner pursuant to a notice under section 19. ( 2) Where the High Commissioner withdraws, either in whole or in part, from the acquisition of any land, the owner of such land and every person entitled to any right or interest in such land shall be entitled to receive from the High Commissioner all such costs as may have been incurred by him by reason or in consequence of the proceedings for acquisition, and compensation for damages, if any, which he may have sustained by reason or in consequence of the notice of intention to acquire such land given under section 5. ( 3) In case of dispute as to the amount of any costs or compensation payable under subsection (2) either the Attorney General or the person claiming such costs or compensation may apply to the court to determine the amount thereof. 15. Provision as to Costs (1) Where the High Commissioner has made an unconditional offer in writing of any sum as compensation to any claimant and the sum awarded by the court to that claimant does not exceed the sum offered, the court shall, unless for special reason it thinks proper not to do so, order the claimant to bear his own costs and to pay the costs of the High Commissioner so far as they where incurred after the offer was made. ( 2) If the court is satisfied that a claimant has failed to comply with any demands of the High Commissioner as set forth in the notice given under section 5 in suficient time to enable the High Commissioner to make a proper offer, the foregoing provisions of this section shall apply as if an unconditional offer has been made by the High Commissioner at the time when, in the opinion of the court, sufficient particulars should have been furnished and the claimant had been awarded a sum not exceeding the amount of such offer. ( 3) Where a claimant has made an unconditional offer in writing to accept any sum as compensaion and has complied with the demands of the High Commissioner set out as aforesaid and the sum awarded is equal to or exceeds that sum the court shall, unless for special reasons it may think proper not to do so, order the High Commissioner to bear his own costs and to pay the costs of the claimant, so far as they were incurred after the offer was made. (4) Subject as aforesaid, the costs of any proceedings shall be in the discretion of the court who may direct to and by whom and in what manner those costs shall be paid;

7 Provided that such costs shall be in accordance with the prescribed scale. (5) Where the court orders the claimant to pay the costs or any part of the costs to the High Commissioner, the High Commissioner may deduct the amount so payable by the claimant from the amount of compensation due to him. 16. Postponement of Payment of Compensation. Payment by the High Commissioner to Operate as Complete Discharge of Compensation (No. 34 of 1946) The decision of the court or, in the event of there being an appeal from such decision, the decision of the Court of Civil Appeal, or of the Privy Council, respecting any compensation or any question of disputed interest or title shal be final and conclusive in regard to all parties upon whom notices of an application under section 9 have been served as aforesaid, or who have appeared and claimed or on whose behalf any person, having authority to that effect, has claimed any land or any right or interest therein, but shall be lawful for persons upon whom notices of application under section 9 have not been served, or who have not appeared or claimed, or on whose behalf no claim has been made, to make a claim at any time within one year after the date of the final decision; and in all cases where any compensation has been awarded, whether the same be in the form of a sum of money or an annual rent, the amount thereof or such part thereof as shall be payable within the said period of one year shall be paid into court (except where a valid written title to the land shall be delivered or where the court shall otherwise direct) and shall not be paid out of court until the said period of one year shall have elapsed from the date of such final decision, after which upon aplication to the court by any person claiming as aforesaid to be interested therein it may be paid whomsoever the court may direct. The payment into court of the compensation or where the compensation is in the form of rent, the payment of such rent as it accrues due to the parties shall operate as a complete discharge and acquittance to the High Commissioner of all claims in respect of such lands but shall not hinder any subsequent proceedings by any person claiming to have a better right thereto against the person to whom such payment has been made: Provided always that any person claiming to be interested in any compensation paid into court (such compensation or some part thereof not having been paid out of court) may within three years from the date of the final decision and not after claim that such compensation or any part thereof be paid to him. All claims for compensation to be paid out of court, made after twelve months shall have elapsed after the final decision of the court, shall be made by notice of motion in the manner provided by the rules of court for the time being in force regulating the service of motions, and supported by an affidavit stating the grounds on which the claim is based. 17. Registered Owners or Parties in Possession as Owners to be Deemed Entitled to Land (No. 34 of 1946) If any question arises in respect of the title to any land to be acquired under this Ordinance, the registered owners or if the land is not registered then the persons in possession as being owners thereof at the time of the acquisition of such land shall be deemed to have been lawfuly entitled to such land, unless the contrary be shown to the satisfaction of the court; and they and all parties claiming under them or consistently with their possession shall be deemed entitled to the

8 consideration or compensation money, but without prejudice to any subsequent proceeding against such parties at the instance of any person claiming to have a better right thereto: Provided that when the Government of Palestine claims that any unregistered land is vacant State land, the onus of proof that the land is held in absolute private ownership or in lawful possession of any person shall be with any person making such allegation. 18. High Commissioner Exempted upon Payment The payment to any person to whom any consideration or compensation shall be paid or the payment into court of any compensation upon a decision of the court shall effectually discharge the High Commissioner from responsibility for the application or being answerable for the misapplication thereof: Provided that where any person other than the owner is in possession, or where any person is in possession in any representative character, the High Commissioner may pay such consideration or compensation to such persons and in such proportion and instalments and after such notice as the court may direct. 19. Vesting and Registration (No. 34 of 1946) (1) At any time after the publication in the Gazette of a notice under section 5, the High Commissioner may, by notice published in the Gazette, declare that such land shall vest in him with effect from such date, being either the date of publication of such notice in the Gazette or a date before or after such date as may be specified in such notice: Provided that a date before the date of the publication of such notice may be specified only if possession of the land has been taken under this Ordinance prior to the publication of a notice under this section, and the date specified shall not be a date earlier than the date at which possession was so taken. (2) Upon the publication in the Gazette of a notice under subsection (1), the land shall vest in the High Commissioner accordingly, free from all encumbrances, and the Director of Land Registration shall cause the appropriate entries to be made in the land registers. 20. Compensation for Land Taken for Widening or Construction of Roads, etc. (No. 34 of 1946) (1) In this section - references to the value of any land alone shall be constructed as references to the sum which would represent the value of the land (ascertained in accordance with the provisions of the Ordinance) if there were no buildings, trees or other things fixed thereon; the term "plot" means the whole of the land in one ownership constituting a single area. (2) Where any land is acquired under this Ordinance for the purpose of widening any existing road or part of a road or for enlarging any playground or recreation ground or for constructing any new road or part of a road or any playground or recreation ground, the compensation payable under this Ordinance shall be subject to the following nodifications, that is to say -

9 (c) where the area of the land taken which is comprised in a plot does not exceed one quarter of the total area of the plot, then if there are no buildings, trees or other things fixed on the and taken no compensation shall be payable, and if there are any such buildings, trees or other things so fixed, the com-pensation shall be reduced by a sum equal to the value of the land alone comprised in the portion of the plot taken; where the area of the land taken which is comprised in a plot exceeds one quarter of the total area of the plot, the compensation shall be reduced by a sum which bears the same proportion to the value of the land alone comprised in the portion of the plot taken as one quarter of the total area of the plot bears to the total area of the land comprised in the portion of the plot taken; not withstanding the provisions of paragraphs and above, it shall be lawful for the High Commissioner, if it is established to his satisfaction that the restrictions imposed by either of those paragraphs would cause hardship, to grant in his discretion such compensation or additional compensation as, having regard to all the circumstances of the case, he shall think fit. 21. Betterment Charge where Land Taken for Making or Widening of Roads (No. 34 of 1946) (1) Where, by the acquisition of any land under this Ordinance for the purpose of making a new road or of widening an existing road, any land is increased in value, the High Commissioner shall, if he makes a claim for that purpose within one year of the execution of the work, be entitled to recover from any person whose property is so increased in value a contribution towards the costs of the work, not exceeding one forth of the amount of that increase: Provided that, where a contribution is imposed under this section, com-pensation shall be paid for any land taken for the purpose of widening a road, and the amount of compensation may be set off against the contribution due under this section. (2) Any question whether any land is increased in value within the meaning of this section and as to the amount of such increase shall, in default of ageement, be determined by the court. (3) In default of agreement, the contribution due from the owner towards the cost of the work shall be payable in not more than four equal annual instalments and shall be recoverable as a civil debt by the High Commissioner from the owner of the land for the time being. 22. Acquisition by or on Behalf of Persons Other Than the High Commissioner (No. 34 of 1946; No. 64 of 1946) (1) Any person may apply to the High Commissioner to acquire any land on behalf and for the use of such person, and - if the applicant is the holder of a concession whereunder he is entitled to require the High Commissioner to acquire such land on his behalf, the High Commissioner shall, in any other case, if in the opinion of the High Commissioner the acquisition of the land on behalf and for the use of such person is likely to prove useful to the public, the High Commissioner may, proceed to acquire such land under the provisions of this Ordinance as if it were land to be acquired for a public purpose.

10 (2) Where the person applying to the High Commissioner under the provisions of subsection (1) is a municipal corporation or a local council or any other local authority, or the holder of a concession whereunder he is entitled to require the High Commissioner to acquire such land in his behalf, or any other person or body of persons designated by the High Commissioner by notice published in the Gazette, the High Commissioner may, by notice published in the Gazette, authorise such person to exercise all the powers and rights, and perform all the obligations, conferred or imposed on the High Commissioner or the Attorney General under the provisions of this Ordinance, and thereupon any reference in this Ordinance other than in this section and in section 25, to the High Commissioner or the Attorney General or the Government of Palestine shall, in so far as applicable, in relation to the acquisition of such land by such person be construed as a reference to such person, and a statement in such notice to the effect that the acquisition of the land therein described is, in the opinion of the High Commissioner, likely to prove useful to the public shall be conclusive evidence of that fact. (3) Before acquiring any land on behalf and for the use of any person, the High Commissioner shall require such person to enter into an agreement with him providing to his satisfaction for the following matters, namely - (c) (d) the payment to him of the cost of the acquisition; and the transfer, on such payment, of the land to such person; and the terms on which the land shall be held by such person; and if the acquisition is for the construction of any work or works, the time within and the conditions on which the work or works shall be executed and maintained, and the terms (if any) on which the public shall be entitled to use the work or works: Provided that the provisions of this subsection shall not apply if the person on whose behalf and for whose use the land is to be acquired is the holder of a concession which provides to the satisfaction of the High Commissioner for the terms upon which the land is to be acquired and held. 23. Penalty for Hindering the Taking of Possession of Land Any person who shall - willfully hinder or obstruct the High Commissioner, or any person acting on his behalf or under his authority, from entering upon or using any land, in pursuance of the provisions of this Ordinance; or molest, hinder, or obstruct such person when in possession of such land, shall be guilty of an offence and liable on conviction to a fine of twenty five pounds or to imprisonment for three months or to both such penalties. 24. Application of Ordinance to Waqf Lands and Other Like Lands (1) In the application of this Ordinance to land dedicated as Waqf, the trustee (mutawalli) of any Waqf, or in the absence of any trustee the Administration of Awaqf, shall have all powers of and be subject to all the obligations imposed by this Ordinance upon the power of the owner of the land and the compensation for the land shall be paid to the trustee (mutawalli) of the Waqf, or in the absence of any such trustee to the Treasure of the Awaqf in the name of the Waqf property concerned.

11 (2) In the application of this Ordinance to land subject to other religious, charitable or the like trusts, the person or authority responsible for the administration of such land shall have all the powers of, and be subject to all the obligations imposed by this Ordinance upon the owner of the land, and the compensation for the land shall be paid to him. 25. Rules The High Commissioner may make rules prescribing - the forms to be used under this Ordinance; the scale of costs in respect of the awards of compensation under this ordinance; (c) the means by which claims for several interests in the same land shall be heard at the same time; (d) generally, for the application of this Ordinance. 26. Repeal (No. 34 of 1946) The Land (Expropriation) Ordinance and the Land (Acquisition for the Army and the Air Force) Ordinance are hereby repealed: Provided that, where notice to treat in respect of any land has been served under the provisions of section 5 of the Land (Expropriation) Ordinance or section 4 of the Land (Acquisition for the Army and the Air Force) Ordinance, as the case may be, shall apply to the expropriation of the said land as if this Ordinance had not been passed. SCHEDULE LAND (ACQUISITION FOR PUBLIC PURPOSES) ORDINANCE, 1943 NOTICE UNDER SECTION(S) 5 (AND 7) Form A NOTICE IS HEREBY GIVEN that the lands specified in the Schedule hereto are required by the High Commissioner for public purposes absolutely or for a term of years or for so long as the same may be used for such purposes, and that the High Commissioner is willing to treat for the acquisition of the said lands. Any person claiming to have any right or interest in the said lands who desires to receive compensation in respect of the said lands is required within two months from the date of the publication of this notice in the Gazette to send to the Director, Department of Land Settlement, a statement of his right or interest in the said lands together with evidence in support, which evidence shall include particulars of the registration, if any, in the land registers, and a statement of any claim to compensation made by him, giving details of the compensation claimed, distinguishing the amounts under separate heads and showing how the amount claimed under each head is calculated. AND NOTICE IS ALSO HEREBY GIVEN that the High Commissioner intends to enter into possession of the said lands at the expiration of two months from the date of the publication of this notice in the Gazette, and that the High Commissioner has directed, and it is hereby directed, that

12 any persons having possession of the said lands shall yield up possession thereof on or before the expiration of the said period of two months. or AND NOTICE IS ALSO HEREBY GIVEN that the High Commissioner intends to enter into possession of the said lands forthwith as they are urgently required for the public purpose for which they are to be acquired and that the High Commissioner has directed, and it is hereby directed, that any persons having possession of the said lands shall yield up possession thereof forthwith. SCHEDULE DESCRIPTION OF LANDS (Give measurements and boundries whenever practicable) Dated this day 19 LAND (ACQUISITION FOR PUBLIC PURPOSES) ORDINANCE, 1943 NOTICE UNDER SECTION(S) 5 (AND 7) Form B NOTICE IS HEREBY GIVEN that the lands specified in the Schedule hereto are required by the High Commissioner for the public purposes mentioned in section 20 absolutely or for a term of years or for so long as the same may be used for such purposes, and that the High Commissioner considers that, by reason of the provisions of section 20, no compensation or a reduced compensation payable in respect of the said lands. Any person claiming any right or interest in the said lands who desires to receive compensation in respect of the said lands, either as of right or on the ground that hardship would be caused if no compensation or a reduced compensation were paid, is required within two months from the date of the publication of this notice in the Gazette to send to the Director, Department of Land Settlement, a statement of his right or interest in the said lands together with evidence in support, which evidence shall include particulars of the registration, if any, in the land registers, and a statement of any claim to compensation made by him, giving details of the compensation claimed, distinguishing the amounts under separate heads and showing how the amounts claimed under each head is calculated, and, if compensation is claimed on the ground that hardship would be caused if no compensation or a reduced compensation were paid evidence in support of the allegation hardship would be caused. AND NOTICE IS ALSO HEREBY GIVEN that the High Commissioner intends to enter into possession of the said lands at the expiration of two months from the date of the publication of this notice in the Gazette, and that the High Commissioner has directed, and it is hereby directed, that any persons having possession of the said lands shall yield up possession thereof on or before the

13 expiration of the said period of two months. or AND NOTICE IS ALSO HEREBY GIVEN that the High Commissioner intends to enter into possession of the said lands forthwith as they are urgently required for the public purpose for which they are to be acquired and that the High Commissioner has directed, and it is hereby directed, that any persons having possession of the said lands shall yield up possession thereof forthwith. SCHEDULE DESCRIPTION OF LANDS (Give measurements and boundries whenever practicable) Dated this day 19

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