Section 31: Power to reserve land for proposed roads

31. Power to reserve land for proposed roads (1) Where, during an investigation which is being made for the purpose of determining the course of a proposed road, the Minister has reason to believe that the owner of, or any person having any rights over or in, land over which the proposed road may run is, within a distance of 300 feet on either side of the centre line of the proposed course of the road, doing any act or intending to do any act which may interfere with the proposed road, he may, in writing, request the owner or person to cease doing such act forthwith. (2) Where the owner or other person fails or refuses to comply with a request made under subsection (1), the Minister may, by notice published in the Gazette and in 2 daily newspapers, reserve a strip of land of a width not exceeding 300 feet on either side of the centre line against all use, and shall specify each property affected by the reservation and prescribe the manner in which the area reserved shall be demarcated. [Issue 1] R28 – 16 Revised Laws of Mauritius (3) (a) Subject to this subsection, the publication of a notice under subsection (2) shall have the effect of prohibiting any activity on the land reserved, other than work in connection with the determination of the course of the proposed road. (b) The Minister may permit such limited use of the land concerned as he may determine and subject to such conditions as he may impose. (c) Where no action is taken under section 32 within 12 months of the publication of the notice, the reservation shall lapse. (4) Any person who sustains any loss or damage by reason of the exercise by the Minister of any of the powers conferred upon him by this section shall be entitled to such compensation as may be agreed upon or, in default of agreement, as may be determined in the manner set forth in section 65.