MASS TRANSIT RAILWAY (LAND RESUMPTION AND RELATED PROVISIONS)
Ord. No. 66/74
A421
Losses for which compensation may be claimed
11. The loss sustained
on account of the refusal by the Building Authority under section 15(1)(a) to consent to the commencement of building works. because the Build- ing Authority
is of the opinion that the building works would be incompatible with works or pro- posed or likely
works for the construction of stages 1 to 4 of the railway.
12. The cost of com- plying with a plan amended, or a condition imposed, under section 15(1)(c), in a case where the plan shows piling works, excavation works or founda- tion works, to avoid incompati- bility of such works with works or proposed or likely works for the construction of stages 1 to 4 of the railway.
Basis on which compensation is to be assessed
The amount by which the open market value of the land is reduced on account of the refusal.
Any additional cost incurred in carrying out building works which is attributable solely to compliance with the amendment required, or condition imposed, under section
15(1)(c).
Persons who may claim compensation for their respective losses
The owner of the land.
The owner of the land on which the building works are carried out.
Period within which the claim must be served on the Director
Before the expiration of 1 year from the date of the refusal.
Before the expiration of 1 year from the comple- tion of the building.
PART II
1. The provisions in this Part shall, where applicable, have effect for General effect the purpose of assessing compensation under Part I of this Schedule and of this Part. shall-
(a) be in addition to such of the provisions of the Crown Lands (Cap. 124.) Resumption Ordinance and the Streets (Alteration) Ordinance as (Cap. 130.) apply, by virtue of Part I, to the assessment of compensation; and
(b) prevail over any provision referred to in sub-paragraph (a) which
is inconsistent or in conflict with a provision in this Part.
2. In Part I-
"compensatable interest" means the estate or interest of-
(a) a person having an unexpired term in land (including any further term which could be obtained as of right) of not less than one month or a tenancy or sub-tenancy terminable (where by virtue of an Ordinance or otherwise) by either party by not less than one month's notice;
Definitions applicable
to Part I.