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Section 18: Award of Board

Land Acquisition Act · PART III: COMPENSATION AND APPORTIONMENT OF RENT AND RESCISSION OF LEASES

consolidated text (as at 2013). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

18. Award of Board (1) At the conclusion of an inquiry under section 17, the Board shall make an award on the claim for compensation and the Chairperson shall cause that award to be filed in the Registry. (1A) Where the Board has been informed of any interim payment made under section 14 (3), it shall deduct the amount paid from the award. (2) In case of disagreement among the members of the Board, the decision of the majority of the members shall be the decision of the Board. (3) Where, with regard to the amount of compensation to be paid, all the members of the Board differ, the mean between the amount determined by the Chairperson and the amount determined by the other members which is nearer the amount determined by the Chairperson shall be the decision of the Board. (4) Every award shall state the total compensation to be paid and also the amounts awarded under different heads of compensation and the grounds for awarding each of those amounts. (5) Where a claim for compensation under section 14 (1) specifies the amount to be paid as compensation, no award shall be made which is in excess of the amount claimed. [Issue 5] L3 – 8 Revised Laws of Mauritius (6) The Board, in awarding compensation, may allow interest at the legal rate, calculated from the date of vesting under section 11 until the date of the award of the Board. (7) (a) The Chairperson shall make such order as to costs as he thinks fit in all the circumstances of the case. (b) An order made under paragraph (a) shall be enforced in the same manner as an order for costs in proceedings before a Judge. (c) Where the Chairperson orders a party to pay costs to the authorised officer, the authorised officer may deduct the amount so payable from the amount of any compensation to be paid to that party. (8) The award shall, within 7 days of filing in the Registry, be notified, in writing, to the parties by the Master and Registrar and shall, subject to section 24, be conclusive and binding upon them and any person claiming through them. [S. 18 amended by s. 4 of Act 9 of 2013 w.e.f. 25 May 2013.]

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