Validation of certain resumptions and provisions for compensation
57 Validation of certain resumptions and provisions for compensation
The notifications published in the Gazette specified in the third schedule purporting to resume the lands respectively described in the schedules to such notifications under the Lands Resumption Act 1910 shall be deemed as from the respective dates of publication of such notifications in the Gazette to have been effective to vest such lands in His Majesty, freed and discharged from all estates and interests of any person therein.
The owners of such lands shall be entitled to compensation under the Lands Resumption Act 1910; and any amount purporting to have been paid as compensation in respect of the resumption of any such lands, and which has been so paid prior to the commencement of this Act shall to the extent thereof operate as a satisfaction of any claim for compensation in respect of such lands arising out of the operation of this Act.
Notwithstanding the provisions of subsection (2) of this section – the value of the land for the purpose of determining compensation shall not exceed the value of the land without buildings, fences, or other structural improvements as on the tenth day of February 1942, together with the value at the time of making the determination of the buildings, fences, and other structural improvements; and no compensation shall be payable to any person who has before the commencement of this Act received money purporting to be the full compensation payable under the Lands Resumption Act 1910 in respect of the land of which he is divested by this section:Provided that if this subsection is in itself invalid or this Act or any enactment herein is by reason of this subsection invalid, this Act shall be read and construed as if this subsection were omitted.
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