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Section 64: Hearing and determination of objections

Roads Act · PART IV: APPEALS AND DETERMINATION OF COMPENSATION

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

64. Hearing and determination of objections (1) (a) An application to a District Magistrate under section 53, 54 or 55 shall be by way of plaint with summons, and shall be heard and determined according to the procedure prescribed by the District and Intermediate Courts (Civil Jurisdiction) Act. (b) The plaint shall state the grounds on which the local authority seeks to set aside the objection. (2) The District Magistrate may, on the hearing of the application, quash or amend the resolution of approval, specification, plan, section, estimate, provisional or final apportionment, and may adjourn the hearing to allow the highway authority to serve further notices. (3) The costs of any proceedings before a District Court in relation to an objection under this Act shall be at the discretion of the District Magistrate who may, if he thinks fit, direct that the costs he orders an objector to pay shall be paid in the first instance by the highway authority, and charged as part of the expenses of the works on the premises of the objectors in such proportions as appears just.

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