Section 5: Sales of State land
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
5. Sales of State land
(1) All sales of State land shall be by public auction.
(2) No State land shall be sold unless it is in the public interest to do so
and in exchange of another portion of land.
(3) Notwithstanding the other provisions of this Act, where the owner of
a house standing on a portion of State Land, which was built as part of a
housing estate commonly known as an ex-CHA Housing Estate, is willing to
buy the portion of land, the Minister may sell it to him by private contract at
the price of 2,000 rupees.
[Issue 2] S34 – 2
Revised Laws of Mauritius
(4) Notwithstanding subsections (1) and (2), the Minister may, subject to
the approval of Cabinet, by private contract, sell any portion of land, including any building thereon, forming part of the 1,000 arpents of land to be
transferred to Government out of the 2,000 arpents of land to be transferred
by the Mauritius Sugar Producers Association (MSPA) in connection with the
Government-MSPA deal signed on 22 April 2008.
(5) Notwithstanding this Act, where a person holding a building site lease
over a portion of State land of an extent not exceeding 422.087 square metres
(10 perches), other than Pas Géométriques, on which stands a residential unit,
is willing to buy the portion of land, the Minister may sell it to him by private
contract at the price of 2,000 rupees.
(6) (a) Notwithstanding this Act, the Minister may, subject to the approval of Cabinet, by private contract, sell any portion of land, other than
Pas Géométriques, for the development of any Government approved project.
(b) Where a portion of land is sold under paragraph (a), the selling
price shall be not less than the open market value as the Director, Valuation
and Real Estate Consultancy Services may determine or not less than such
other value as Cabinet may approve.
[S. 5 amended by s. 3 of Act 34 of 1989 w.e.f. 25 November 1989; s. 23 (2) of Act 48 of
1991 w.e.f. 12 March 1992; s. 3 of Act 4 of 2007 w.e.f. 7 April 2007; s. 33 (b) of Act 18 of
2008 w.e.f. 19 July 2008; s. 42 of Act 27 of 2013 w.e.f. 1 January 2014; s. 47 of Act 9 of
2015 w.e.f. 14 May 2015.]
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Questions this section answers
- Does the government have to sell State land by public auction?
- Can I buy the State land under my ex-CHA housing estate house for 2,000 rupees?
- Can I buy the State land under my building site lease for 2,000 rupees?
- Can the Minister sell State land by private contract for a government-approved project?