Hearing of the Appeal
Hearing of the Appeal
At the hearing of my appeal, must I be represented by a lawyer?
A hearing before the Appeals Board is like a hearing in a court of law in many ways. In a number of appeals lodged with the Appeals Board, appellants engage a lawyer to give legal advice on their cases, and to make legal arguments before the Appeals Board. You may wish to engage a lawyer to advise and represent you in your appeal, especially if you are unsure about how to present your case, or if you are of the view that a lawyer may be better able to present the relevant legal arguments in your favour. However, if you do not have a lawyer, you may appear before the Appeals Board to present your case in person. The Act provides that the onus of proving that an award of compensation is inadequate is on you, the appellant.
What is the procedure at the hearing of my appeal?
The procedure at the hearing of any proceedings shall be such as Appeals Board may determine, subject to the following:
(a) at the hearing, you shall begin, and if you fail to make out a case, on the face of the material presented, that the Collector of Land Revenue’s award is inadequate, the Appeals Board may dismiss the appeal without calling the Collector of Land Revenue, and may make such order as to costs as may be just; and
(b) the Appeals Board shall take note of all evidence and exhibits put in evidence at the hearing.
(Regulation 11(1) of the Land Acquisition (Appeals Board) Regulations).
What is the constitution of the Appeals Board?
For the purpose of determining appeals in respect of any award made by the Collector of Land Revenue under the Land Acquisition Act, where an appeal is against an award of:
(a) $250,000 or more, the Appeals Board shall consist of the Commissioner sitting with two persons selected by the Commissioner from a panel of assessors appointed by the Minister for Law; or
(b) less than $250,000, the Appeals Board shall consist of the Commissioner either sitting alone, or if the Commissioner thinks fit, with two persons selected by the Commissioner from a panel of assessors appointed by the Minister for Law.
(Section 26(1) of the Land Acquisition Act).
When the amount of the compensation has been settled and there is a dispute as to the apportionment of the compensation, the Commissioner sitting alone shall decide the proportions in which the persons claiming an interest in the compensation to be made on account of an acquisition of land under the Land Acquisition Act shall be entitled to.
(Section 38(1) of the Land Acquisition Act).
What orders may the Appeals Board make upon the hearing of an appeal?
The Appeals Board may confirm, reduce, increase or annul the award by the Collector of Land Revenue, or make such order(s) as it deems fit.