Payment of compensation

(1) Nothing in the provisions of this Act shall prejudice the right to compensation of any person who has an interest in or right over any land or property that is within the limits or area specified by Notice, Order or Regulations, as the case may be, under sections 27 (3), 29, 58 or 70. (2) Where any person who has an interest in or right over any land or property referred to under sub-section (1), claims that he ought to be pecuniarily compensated in relation to the curtailment or abrogation of such interest or right, he shall within three months of the Notice, Order or Regulations, as the case may be, lodge at the Ministry a statement of his claim with full particulars of his estimated loss. (3) On a claim being lodged under sub-section (2), the Minister shall appoint a Board of Assessment, hereinafter referred to as “the Board”, which in every case must be constituted of– (a) a Judge of the Supreme Court, who shall be Chairperson; (b) such person as the claimant may nominate; and 59 (c) such other person as the Minister may nominate, but the person so nominated shall not be a public officer or a member or employee of the licensee. (4) The Board shall hear a claimant, consider his claim and make recommendations to the Minister. (5) Where the Board is not satisfied that the owner can be adequately compensated by the granting of permits, licences or by the making of appropriate regulations, it shall recommend a sum of money to be paid as compensation and the Minister may instruct the Accountant General to pay such sum of money from the Consolidated Revenue Fund as compensation to the person. (6) Any person who is aggrieved by the decision of the Board may appeal to the Supreme Court for the determination of the matter. (7) If the exercise of any functions or powers conferred upon him by this Act, a licensee shall cause as little damage and inconvenience to other persons as is reasonably practicable and a licensee shall reinstate any damage or pay compensation to any person who suffers damage to his property in consequence of the exercise of such powers of the licensee. (8) All losses, damages or injuries caused through the fault or neglect of a licensee, his officers, agents or contractors either in the construction, operation or maintenance of the works contemplated by this Act to any property shall be borne by the (9) A licensee shall be answerable for all damages and injuries caused through the fault or neglect of his or of any person in his employment, by reason of or in consequence of the exercise of any of his functions or powers and shall save harmless all authorities, companies, bodies or persons by whom any street or road is repairable from all damage and costs in respect of those damages and injuries. 60