Housing Amendment Act, 1948

Amendment of Third Schedule to Act of 1932.

42.—The Act of 1932 is hereby amended by the substitution, for Article 4 of the Third Schedule thereto, of the following:—

“4. (a) If no objection is duly made by any of the persons upon whom notices are required to be served, or if all objections so made are withdrawn, the Minister may, if he thinks fit, annul the order or confirm the order with or without modification.

(b) If an objection is duly made by any such person and such objection is not withdrawn and, as respects part of the land proposed to be acquired, no objection or only a withdrawn objection or withdrawn objections has or have been made, the Minister may, if he thinks fit, annul the order or confirm the order forthwith with or without modification in so far only as it relates to land to the acquisition of which no objection or the withdrawn objection or withdrawn objections has or have been made and, in so far as it relates to the remaining land proposed to be acquired, cause to be held a public local inquiry into any objection not withdrawn and, having considered such objection and the report of the person who held the inquiry, may then annul the order or confirm the order with or without modification in so far as it relates to such land.

(c) In any other case, the Minister shall cause a public local inquiry to be held and, having considered any objection not withdrawn and the report of the person who held the inquiry, may then annul the order or confirm the order either with or without modification;

Provided that—

(i) the Minister may require any person who has made an objection to state in writing the grounds thereof, and may confirm the order without causing a public local inquiry to be held if he is satisfied that every objection duly made relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation is to be assessed;

(ii) the order as confirmed by the Minister shall not authorize the council of a county to purchase compulsorily any land which the order would not have authorized them so to purchase if it had been confirmed without modification.”