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Section 52:

Constitution · PART V: HUMAN RIGHTS AND FREEDOMS

consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

52. Compulsory acquisition or use—The Court, following Hawaldar v Government of Mauritius (1978). HELD section 3 of the Constitution did not create any right independently of, or greater than, that contained in section 8. Consequently the plaintiffs must fail because, even if they could show that the defendant’s acts or omissions caused them to lose money, they were unable to establish that any property of theirs had been compulsorily acquired or used by the defendant or by any other person. Reufac v Minister of Agriculture and Natural Resources and the Environment (1980).

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