LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 36 Authority's reply to claim
LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 36
Authority's reply to claim(1) Subject to section 106(1), the Authority must, before the expiration of three months after the date of service upon it of a notice of a claim under section 33, serve upon the claimant a statement in writing replying to the notice of claim.
(2) The Authority may in that statement—
(a) admit the claim as to whole or to part; or
(b) offer to vary the amount of the compensation previously proposed in relation to the claimant's interest; or
(c) reject the claim and repeat its offer under section 31.
(3) If the claimant has provided the Authority with a certificate of valuation and the information required in section 35(f), the Authority, if it has not already done so, must forward to the claimant with its statement of reply a statement setting out the method and basis of its valuation.
(4) The Authority is liable to satisfy the claim to the extent that it admits the claim.
(5) If the Authority fails to reply to the notice of claim within the time prescribed in subsection (1), it is to be taken to have rejected the claim and repeated its offer and the claim becomes a disputed claim for the purposes of this Act.
(6) Subject to section 106(1), if the Authority offers to increase or vary the compensation previously offered, the claimant must within two months after the date of service of this revised offer—
S. 36(6)(a) amended by No. 66/1997
s. 9(3).
(a) accept the offer; or
(b) reject the offer.
(7) A revised offer under subsection (6) may leave specified matters to be determined by negotiation.
(8) If the claimant accepts a revised offer under subsection (6), the claimant may accept this in part leaving specified matters to be determined by negotiation.
(9) To the extent that the claimant rejects the revised offer of the Authority, or the Authority rejects the claim by the claimant, the claim becomes a disputed claim for the purposes of this Act.