Section 17Part 0 —
Physical control methods in swamp areas
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Where physical methods of control are planned in swamp areas —
the particular area in which physical control is planned shall be declared a physical controlled area by a Notice published in the Gazette;
swamp areas within that area shall be valued by the Governor at current market prices or, if no current market prices exist, shall be assessed by the Governor at a fair and reasonable price before any operations begin, and any such valuation or assessment shall be final and the Governor shall, if requested, seek advice in arriving at a current market price;
all owners of swamp areas within that area shall mark their property boundaries by cutting traces and sign-posting, and after the expiration of a period of three months following the date of the relevant Notice the ownership of all unmarked lands shall pass by default to the Government, but the Governor may extend time in this connection;
when an area has been declared a physical control area, reclamation may not be undertaken within that area by an owner unless permission of the Central Planning Authority or the Development Control Board, and that of the Director, has first been obtained, and the Director may call for such information as he may think necessary in order to satisfy himself that the type of reclamation proposed will not interfere with the physical control methods planned for that area, and may specify a time limit, within which reclamation shall be completed and, in any case, permission shall not be granted unless both the planning authority and the Director are satisfied that the reclamation proposed will be completed within the time limit specified and will conform with the physical control methods planned; and
if reclamation is not completed within the time limit specified, or earlier, if the Director is satisfied that no reclamation is being undertaken or that such reclamation as is being undertaken does not conform with the physical control methods planned and that the owner will not remedy the same so as to conform, then the swamp area in question may be empoldered by the Government, either at Government's expense or the expense of the owner as the Governor may think fit, and ownership in such empoldered lands shall vest in the Government, and such land may be sold by the Government, any right, title or interest of the owner therein having ceased and determined, but the former owner shall be compensated for the loss of his right, title or interest in such land by being paid the basic value and half the enhanced value, if any, after first deducting the expenses incurred by Government, if any, in empoldering such land, and the balance of the purchase price shall be paid into the Fund.
Referenced By
- Section 2 — Definitions
basic value referenced as per section 17
- Section 18 — Empoldered land sold at enhanced value
references section 17(e) and section 17(c)
- Section 20 — Compensation
references section 17(c)