LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 48 Form of claim

LAND ACQUISITION AND COMPENSATION ACT 1986 - SECT 48

    (1)     A claim for compensation under this Part is made by serving on the Authority a notice of claim which must—

        (a)     be in the prescribed form; and

        (b)     state the amount of compensation to which the claimant claims to be entitled under this Act; and

        (c)     state the interest which the claimant had in the land concerned; and

        (d)     give details of the loss sustained or expense incurred which gave rise to the claim.

    (2)     Subject to section 106(1), the Authority must before the expiration of three months after the day on which a notice of claim is served on it under this Part serve upon the claimant a statement in writing replying to the notice of claim.

    (3)     The Authority may in that statement—

        (a)     admit the claim; or

        (b)     make an alternative offer of compensation; or

        (c)     reject the claim.

    (4)     A statement of reply under subsection (2) must be accompanied by a statement in the prescribed form setting out the principal rights and obligations of persons entitled to make a claim under this Part.

    (5)     The Authority may admit the claim either in full or in part leaving specified matters subject to negotiation and if it admits the claim it is liable to satisfy the claim to the extent to which it has admitted the claim.

    (6)     If the Authority fails to reply to the notice of claim within the prescribed time, it is to be taken to have rejected the claim and the claim becomes a disputed claim for the purposes of this Act.

    (7)     Subject to section 106(1), if the Authority makes an offer of compensation, the claimant must within two months after the date of service of the offer—

        (a)     accept the offer; or

        (b)     reject the offer.

    (8)     If the claimant rejects or fails to accept within the time prescribed under subsection (7) an offer of the Authority, or the Authority rejects a claim by the claimant under this Part, the claim becomes a disputed claim for the purposes of this Act.

    (9)     To the extent that an amount of compensation offered under this section, or any part thereof, is not disputed, the Authority is liable to pay that amount.

Part 6—Payment of compensation and interest on compensation