Procedure of Appeal
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)
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:
(a) lodging with the Registrar two copies of the completed notice of appeal 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
(b) either:
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i. depositing with the Accountant-General (by way of cheque, cashier's order or interbank transfer); or
ii. 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, or $5,000, whichever is lesser, unless the Collector has waived in writing the requirement of an appeal deposit; and
(c) thereafter, two copies of the petition of appeal 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 have been served on you.
(Section 23(1)(a), (b) and (c) of the Land Acquisition Act).
What is a petition of appeal?
The petition of appeal 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). 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). 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.