Section 64: Power to acquire, sell or exchange land and buildings

64. Power to acquire, sell or exchange land and buildings (1) Subject to subsections (3) and (7), a Municipal City Council, Municipal Town Council or District Council may, with the Minister’s approval, acquire by way of compulsory acquisition, purchase, lease or exchange, any land wherever situate for the purpose of any of its functions under this Act or any other enactment. (2) Any land acquired under this section may, until it is required for the purpose for which it was acquired, be held and used for any purpose falling within the functions of the Municipal City Council, Municipal Town Council or District Council. [Issue 4] L18 – 42 Revised Laws of Mauritius (3) No land shall be acquired by way of purchase or lease where the price or rent to be paid exceeds that which is assessed by the Chief Government Valuer. (4) Subject to subsections (5) and (6), a Municipal City Council, Municipal Town Council or District Council may, with the Minister’s approval— (a) sell any land or building which it owns; or (b) exchange any of its lands for other land, with or without “soulte”. (5) (a) No land shall be— (i) sold for a price which is below the market value of the land; or (ii) exchanged for a land whose value is below the market value of the land being exchanged, as assessed by the Director, Valuation and Real Estate Consultancy Services. (b) Notwithstanding paragraph (a), where the owner of a house, standing on a portion of land belonging to the Municipal City Council or Municipal Town Council, which was built as part of a housing estate commonly known as a Municipal City Housing Estate, or Municipal Housing Estate, is willing to buy the house and the portion of land on which it stands, the Municipal City Council or Municipal Town Council may sell that house and that portion of land to him by private contract at the price of 2,000 rupees. (6) No land shall be acquired by way of exchange where the value of the land intended to be received in exchange is below the Chief Government Valuer’s assessment of the value of the land it is proposed to acquire. (7) Any compulsory acquisition under subsection (1) shall be made on behalf of a Municipal City Council, Municipal Town Council or District Council by the Government in accordance with the Land Acquisition Act. [S. 64 amended by s. 32 (c) of Act 18 of 2016 w.e.f. 7 September 2016.]