LAND ACQUISITION (AMENDMENT) BILL

5.55 p.m.

Order for Second Reading read.

The Minister for Law and National Development (Mr Barker): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Sir, the Bill flow before the House seeks primarily to repeal section 32 of the Land Acquisition Act, 1966, and re-enact it on the lines of the corresponding provision in the repealed Land Acquisition Ordinance (Chapter 248) to provide, inter alia, that when the claim of an appellant exceeds by 20 per cent or more the amount awarded by the Appeals Board, he shall not be entitled to his costs, and to give discretion to the Board to reduce his costs or require him to pay part of the Collector's costs when his claim is considered excessive or where he has been negligent in putting his case before the Collector (clause 4).

It is desirable to effect this amendment, as under the existing section 32 (1) of the Land Acquisition Act, 1966, it is provided that the costs of an appeal to the Board shall be in the discretion of the Board and shall either be fixed by the Board or, on the order of the Board, taxed by the Registrar or Deputy Registrar of the High Court in accordance with the scale prescribed by the rules of the court for the time being in force. As this leaves the question of costs completely to the discretion of the Board, it could be interpreted that the normal High Court practice in awarding costs to the successful litigant is to be followed, which, in its application to land acquisition appeals, will result in costs going the way of the appellant even if he succeeds in obtaining from the Board only a very small fraction of his claim. The proposed amendment will restore the position to what it was before 1966, and deter owners from making excessive claims and act as a restraint against an owner proceeding with an appeal regardless of the Collector's award and the amount of his own claim, as even if he succeeds in obtaining a slight increase, he will not be entitled to any costs.

Clause 3 of the Bill is merely a re-enactment of the existing provision of section 32 (3) of the Land Acquisition Act, 1966. Although it is proposed to repeal section 32 of the Act, this particular provision, section 32 (3), is being retained as it does not really deal with costs but with the power of the Appeals Board to confirm, reduce, increase or annul the award made by the Collector.

Opportunity is also taken, in clause 2 of the Bill, to amend section 8 of the Land Acquisition Act, 1966, to enable the Collector to require the person interested in any land acquisition to furnish information relating to the basis, or mode of valuation by which the amount of compensation claimed by such person is arrived at. This will enable the Collector to rationalise the basis of such claim.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. [Mr Barker].

Bill considered in Committee; reported without amendment; read a Third time and passed.