Section 180: Cost of works
consolidated text (as at 2006, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
180. Cost of works
(1) (a) The cost of any works under section 178 shall be borne—
(i) where the works are for the exclusive benefit of the owner of
the land, by the owner;
(ii) where the works are for the exclusive benefit of the public, by
Government;
(iii) where the works are for the joint benefit of the owner of the
land and of the public, jointly by Government and by the owner
of the land in a proportion to be determined by the Board of Assessors, after taking into consideration the number of persons
living on the land and the benefit to the public.
[Issue 1] P49 – 46
Revised Laws of Mauritius
(b) Where the effect of the works is to reclaim by drainage and render fit for cultivation any portion of marshy land formerly unfit for cultivation, the portion of the cost of the works represented by the value of the
reclaimed land shall be borne exclusively by the owner of the reclaimed land
and the balance shall be apportioned as specified in paragraph (a).
(2) The Board of Assessors—
(a) shall adjudicate on the documents and written pleadings filed by
the parties;
(b) may hear evidence on oath and make inspections.
(3) Sections 10 to 13 of the Commissions of Inquiry Act shall apply to
the proceedings of the Board of Assessors.
(4) All awards of the Board of Assessors shall be recovered without
stamp or registration in the same manner as judgments of the Supreme
Court, of the Intermediate Court or of the District Courts.
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Questions this section answers
- Who pays for sanitation works that benefit only my land?
- Who pays for sanitation works that benefit both my land and the public?