Considerations Before Appealing
The Appeals Board hears appeals against land acquisition awards made by the Collector of Land Revenue. You must file your Notice of Appeal within 14 days of receiving the award. No fees apply for lodging appeals or petitions.
Types of Cases
What type of cases does the Appeals Board hear and determine?
The Appeals Board is a tribunal constituted under section 19(1) of the Land Acquisition Act (opens in new tab) to hear appeals in respect of any award made by the Collector of Land Revenue under the Land Acquisition Act for the compulsory acquisition of land.
Procedure of Appeal
Am I entitled to file an appeal against a land acquisition award after I have accepted payment of the Collector of Land Revenue's awarded compensation?
In order to be entitled to appeal to the Appeals Board against the Collector of Land Revenue's award, you must receive the compensation amount under protest as to the sufficiency of the amount of the award. Therefore, you should inform the Collector of Land Revenue (preferably in writing) that you will be appealing against his award, before accepting payment of compensation under the award of the Collector of Land Revenue.
(Section 40(3) of the Land Acquisition Act (opens in new tab))
What is the procedure for bringing an appeal to the Appeals Board against the Collector of Land Revenue's award for compulsory acquisition of my land?
You may appeal to the Appeals Board against the award of the Collector of Land Revenue ("Collector") by:
lodging with the Registrar two copies of the completed notice of appeal (opens in new tab) [PDF, 23.6 KB] within 14 days (if the date of acquisition is before 29 September 2014) or 28 days (if the date of acquisition is on or after 29 September 2014) after the date you receive the Collector's award; and
either:
depositing with the Accountant-General (by way of cheque, cashier's order or interbank transfer); or
authorising the Collector to deposit with the Accountant-General, within 14 days (if the date of acquisition is before 29 September 2014) or 28 days (if the date of acquisition is on or after 29 September 2014) after the date of receiving the Collector's award, a sum equivalent to one-third the amount of the award (opens in new tab) [PDF, 14.1 KB], or $5,000, whichever is lesser, unless the Collector has waived in writing the requirement of an appeal deposit; and
thereafter, two copies of the petition of appeal (opens in new tab) [PDF, 11.9 KB must be lodged with the Registrar within 14 days (if the date of acquisition is before 29 September 2014) or 28 days (if the date of acquisition is on or after 29 September 2014) after the date on which the Collector of Land Revenue's grounds of award (opens in new tab) [PDF, 11.5 KB] have been served on you.
(Section 23(1)(a), (b) and (c) of the Land Acquisition Act (opens in new tab)).
What is a petition of appeal?
The petition of appeal (opens in new tab) [PDF, 12.2 KB] is a document which must be lodged in after the Collector of Land Revenue's Grounds of Award has been served upon you, stating the grounds of your appeal.
What is the Collector of Land Revenue's grounds of award?
The Collector of Land Revenue's grounds of award is a document which states the Collector of Land Revenue's reasons for making the award compensating you for the compulsory acquisition of your property.
Can I still lodge my Notice of Appeal if more than 14 days (if the date of acquisition is before 29 September 2014) or 28 days (if the date of acquisition is on or after 29 September 2014) have passed since the date on which I received the Collector of Land Revenue's Award?
The Notice of Appeal must be lodged within 14 days (if the date of acquisition is before 29 September 2014) or 28 days (if the date of acquisition is on or after 29 September 2014) after the date on which you receive the Collector's Award (section 23(1)(a) of the Land Acquisition Act (opens in new tab)). If you require an extension of time to file your Notice of Appeal after the 14 or 28-day (as the case may be) deadline imposed by section 23(1)(a), you would have to take out the appropriate interlocutory application for extension of time. The time stipulated in section 23(1)(a) may be extended by the Appeals Board in its discretion and on such terms as it may see fit, if it is shown to the satisfaction of the Appeals Board that you were prevented from lodging the Notice of Appeal in due time owing to absence from Singapore, sickness or other reasonable cause, and that there has been no unreasonable delay on your part.
What is the consequence of my late filing of the petition of appeal?
The appeal which you have lodged shall be deemed by law to have been withdrawn. That means that the appeal may not be allowed to proceed (section 24(b) of the Land Acquisition Act (opens in new tab)). If you require an extension of time to file your Petition of Appeal after the 14 or 28-day (as the case may be) deadline imposed by section 23(1)(c) of the Land Acquisition Act, you would have to take out the appropriate interlocutory application for extension of time. The time stipulated in section 23(1)(c) may be extended by the Appeals Board in its discretion and on such terms as it may see fit, if it is shown to the satisfaction of the Appeals Board that you were prevented from lodging the Petition of Appeal in due time owing to absence from Singapore, sickness or other reasonable cause, and that there has been no unreasonable delay on your part.
Timeline
1. Collector makes Award
The Collector makes an award of:
the area of the land;
the compensation which in his opinion should be allowed for the land; and
the apportionment of the compensation among all persons interested. See section 10(1) (opens in new tab).
Collector makes written offer of compensation
The Collector makes a written offer of the compensation to the persons interested.
See section 40(1) (opens in new tab).
2. Within 14 days
Appellant lodges with Registrar the Notice of Appeal
The person interested who intends to appeal to the Board (“Appellant”) lodges with the Registrar a written Notice of Appeal (in duplicate) within 14 days of the date of receipt of the award.
See section 23(1)(a) (opens in new tab).
the place at which all documents are lodged with the Registrar is the Registry of the Board.
Download Notice of Appeal (opens in new tab) (PDF, 23.6 KB)
The Registrar forwards a copy of the Notice of Appeal to the Collector.
The Board may in its discretion allow the Appellant to proceed with his appeal notwithstanding that the Notice of Appeal is not lodged in time.
See section 23(3) (opens in new tab).
Appellant makes deposit/authorises Collector to make deposit/obtains waiver from Collector of required deposit
The Appellant must within 14 days of the date of receipt of the Award:
Deposit with the Accountant-General a sum equivalent to one-third the amount of the award or $5,000 whichever is less;
ORAuthorise the Collector to make the deposit in a case where the compensation money held by the Collector is sufficient for the deposit;
ORObtain a written waiver of the requirement of a deposit from the Collector.
See section 23(1)(b) (opens in new tab).
The Board may in its discretion allow the Appellant to proceed with his appeal notwithstanding that the deposit is not made or authorised in time.
Download Notice of Appeal (Form 1) and Letter of Authorisation (Form 2) (opens in new tab) (PDF, 23.6 KB)
See also Practice Direction No. 2 of 2001.
3. Collector lodges Grounds of Award
The Collector lodges with the Registrar his Grounds of Award.
The Registrar serves a copy of the Grounds of Award on the Appellant.
4. Within 14 Days - Appellant lodges with Registrar the Petition of Appeal
The Appellant must lodge with the Registrar the Petition of Appeal (in duplicate) within 14 days of the date on which a copy of the Grounds of Award of the Collector has been served upon the Appellant.
The Petition of Appeal must state the grounds of appeal.
Except with the consent of the Board, the Appellant may not rely on any grounds of appeal other than those stated in the Petition of Appeal.
See section 23(4) (opens in new tab).
Download form for Petition of Appeal (Form 7) (opens in new tab) (PDF, 23.6 KB)
5. Parties may lodge Consent to Mediation under MiLAAS
Parties to an appeal before the Board may refer to mediation under the Mediation in Land Acquisition Appeals Scheme by lodging a Consent to Mediation.
Where the Award of the Collector is less than $500 000, the Board may appoint a mediator.
Where the Award is $500 000 or more, the Board may also appoint a mediator if it seems fit or proper to do so.
The mediator will be appointed from the panel of assessors.
6. Registrar gives Notice of Pre-Hearing/e-Pre-Hearing Conference
Pre-Hearing Conference
The Registrar gives notice of a Pre-Hearing Conference (“PHC”). At the PHC, directions may be given and orders may be made for the further conduct of the appeal.
E-Pre-Hearing Conference
Where the parties are represented by lawyers and with their consent PHC may be conducted by email (“e-PHC”).
7. Registrar gives Notice of Hearing
The Registrar fixes a time and place for the hearing of the appeal and gives at least 14 days’ notice to the parties.
See section 25(1) (opens in new tab).
Parties attend hearing either in person or by a lawyer
See section 25(2) (opens in new tab).
8. Withdrawal of Appeal
An Appellant may withdraw his appeal at any time by lodging a Notice of Withdrawal but see the Note below.
Note
Before an appeal is withdrawn, there may be questions to be decided with respect to costs, any deposit money or any other relevant matter and an Order or Direction by the Board may be required.
Hearing of Appeal
The Registrar fixes a time and place for the hearing of the appeal and gives at least 14 days' notice to the parties.
Parties attend hearing either in person or by a lawyer. See section 25(2) (opens in new tab).
The decision of the Board shall be final except that where the award as determined by the Board (excluding the amount of any costs awarded) exceeds $5000. The Appellant or the Collector may appeal to the Court of Appeal upon any question of law. See section 29(1) (opens in new tab) and section 29(2) (opens in new tab).
Fees
No fees are payable when an appellant lodges the Notice of Appeal or the Petition of Appeal or of any other document.
If verbatim reporting services are required, application must be made to the Registrar.
For verbatim reporting and supply of a copy of any document in the possession of the Board, fees are charged for such services (see Land Acquisition (Appeals Board – Fees) Regulations 2002 and Practice Direction No. 3 of 2001) (opens in new tab) [PDF, 12.2KB].
Miscellaneous
What kind of advice or information can I obtain from the Appeals Board?
The Appeals Board is an independent tribunal which hears and determines appeals against awards made by the Collector of Land Revenue concerning compulsory land acquisition. Thus, the Appeals Board is not able to and does not give legal advice to any person. You are advised to engage a lawyer if you require legal advice on whether you should lodge an appeal, the merits of your appeal, and the presentation of your case.
