Housing Amendment Act, 1948

Validity and date of operation of certain compulsory purchase orders.

43.—(1) This section applies to a compulsory purchase order made under section 20 of the Act of 1932, as respects which an objection was duly made by any of the persons upon whom notices are required by that Act to be served and such objection was not withdrawn and which has been confirmed by the Minister firstly in so far only as it related to land to the acquisition of which no objection or only a withdrawn objection or withdrawn objections had been made (in this section referred to as “the first confirmation”) and secondly in so far as it related to the remaining land acquired (in this section called “the second confirmation”).

(2) The provisions of this section shall have effect with respect to the validity of an order to which this section applies and the date on which such an order is to come into operation.

(3) As soon as may be after the first confirmation of an order to which this section applies, the council of a county shall publish in one or more than one newspaper circulating in their district a notice in the prescribed form stating that the order has been confirmed in so far as it related to land to the acquisition of which no objection or only a withdrawn objection or withdrawn objections was or were made.

(4) As soon as may be after the second confirmation of an order to which this section applies the council of a county shall publish in one or more than one newspaper circulating in their district a notice in the prescribed form stating that the order has been confirmed, and naming a place where a copy of the order as confirmed, and of the map referred to therein may be seen at all reasonable hours, and shall serve a like notice on every person, who, having given notice to the Minister of his objection to the order, appeared at the public local inquiry in support of his objection.

(5) If any person aggrieved by the second confirmation of an order to which this section applies desires to question its validity on the ground that it is not within the powers of the Labourers Acts or that any requirement of those Acts has not been complied with, he may, within three weeks after the publication of the notice of confirmation, make an application for the purpose to the High Court, and where any such application is duly made the Court:—

(a) may by interim order suspend the operation of the order in so far as it affects any property of the applicant until the final determination of the proceedings; and

(b) if satisfied upon the hearing of the application that the order is not within the powers of the Labourers Acts or that the interests of the applicant have been substantially prejudiced by any requirement of the said Acts not having been complied with may quash the order in so far as it affects any property of the applicant.

(6) Subject to the provisions of subsection (5) of this section any person aggrieved by the first or second confirmation of an order to which this section applies shall not, either before or after such confirmation, question such order by prohibition or certiorari or in any legal proceedings whatsoever and such order shall, as respects land to the acquisition of which no objection was made, become operative at the expiration of three weeks from the date on which notice of its confirmation is published in accordance with the provisions of subsection (3) of this section, and, as respects land to the acquisition of which objection was made, become operative at the expiration of four weeks from the date on which notice of its confirmation is published in accordance with the provisions of subsection (4) of this section.

(7) The provisions of section 17 of the Housing (Miscellaneous Provisions) Act, 1931 (No. 50 of 1931) as applied by subsection (2) of section 20 of the Act of 1932 to compulsory purchase orders made under the said section 20 shall not apply to an order to which this section applies.