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Compensation for compulsorily acquired land may be pursued through the statutory appeal process

A worked RES examination question on compulsory acquisition, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.

Paper 1Lesson 4Compulsory acquisitionFree — no sign-up

The question

A row of six shophouses is to be acquired for a new rail line. The Collector has held his inquiry, made his award, paid the compensation and taken possession of the site, and hoardings have gone up. One of the owners, who traded there for thirty-one years, considers the sum awarded far too low against what he has seen paid elsewhere in the district. He has, however, already banked the money and moved his business to rented premises in the next street. A neighbour who went through the same process a decade ago tells him that by taking the cheque and handing over the keys he gave up any right to argue about the figure, and that pursuing it now would only cost him more.

Which statement is correct?

  1. A. He gave up the right to argue when he accepted the compensation money.
  2. B. He may still pursue the amount; payment and possession do not end that right.
  3. C. He gave up the right to argue when he handed over possession of the site.
  4. D. He may pursue the amount only if he had refused possession at the time.

The answer, and why

Answer: B

The rule. Compensation for compulsorily acquired land may be pursued through the statutory appeal process. Accepting payment and giving up possession of the site do not bring that right to an end.

Why B is correct. He may still pursue the amount.

The other options.

  • A and C each treat one of his two acts as a surrender of the right, and between them they cover the whole of the instinct that taking the money must settle the matter.
  • D invents a precondition of refusing possession, which would put a claimant to a choice the statute does not force on him.

Exam note. Two separate things are happening: the land changes hands and the amount is disputed. The first proceeds regardless of the second, which is precisely why the second survives it.

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