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Cap. 88 · cap/88 (Cap. 88)

Cap. 88 чл. 12Rights of Government over land.

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(1) Within fourteen working days from the date of publication in the Government Gazette, required under article 9(1), of a declaration made under article 3, the owner and the occupier, if any, of the land shall yield up possession thereof to the competent authority:

Provided that if the land of which possession is so required, is a dwelling house actually occupied as such, the occupier shall not be required to yield up possession thereof before the lapse of fourteen days from the date when alternative accommodation, reasonably sufficient for the persons resident in that dwelling house, has been offered in writing by the competent authority to the said occupier.

(2) On the lapse of the time mentioned in subarticle (1) the competent authority may without any further formality enter upon and take possession of the land or authorize any person to enter upon and take possession of the land and, notwithstanding any restriction imposed on such land by any other law or by any instrument or otherwise, do or authorize any person to do in or upon or in relation to such land any work or other thing whatsoever which any person having an unrestricted interest in the land would be entitled to do by virtue of that interest saving the liability of the competent authority to re-instate the land or pay compensation for any damage caused if in the cases permitted by this Ordinance the acquisition is not completed.

(3) Without prejudice to the provisions of article 22(3), simple interest at the rate of five per centum per annum shall accrue on the Provided that where a notice to treat has been issued under this Ordinance, the interest shall accrue on the value determined in such notice, from the date of the taking of possession of the land by the competent authority up to the date of transfer by title of absolute purchase in favour of the Government of Malta: Provided also that when a notice to treat has been issued and the person entitled to compensation elected not to accept the price offered therein, simple interest at the rate of five per centum per annum shall accrue on the value of the land in accordance with Schedule 3, and for the period indicated in that Schedule, in favour of any person having a right of compensation in respect of any land acquired by absolute purchase thereof under this Ordinance.