sec.17Revocation before determination of compensation

### sec.17 Revocation before determination of compensation If, at any time after the publication of the gazette resumption notice and before the amount of compensation to be paid in respect of the taking thereof is determined by the Land Court or the payment of compensation in respect of the taking is sooner made, it is found that the land or any part thereof is not required for the purpose for which it was taken, the Governor in Council or a gazetting authority, by gazette notice (the revoking gazette notice ), may revoke the gazette resumption notice, in whole or in part. However, the revoking gazette notice shall not be made or published in the gazette unless the person entitled as owner to compensation in respect of the taking of the land has previously agreed in writing to the revesting as provided by this section of the land or part to which that notice relates. Upon the revocation wholly or otherwise by a revoking gazette notice of any gazette resumption notice— the gazette resumption notice shall to the extent to which so revoked be deemed to be absolutely void as from the making thereof as if it had not been made; and without prejudice to the provisions of paragraph (a) , the land or part thereof, as the case may be, to which the revoking gazette notice relates shall revest in the person in whom the same vested immediately prior to the day when it was taken by the constructing authority under the gazette resumption notice taking the land and, subject as hereinafter in this section provided, shall so revest for the person’s then estate or interest therein; and the constructing authority shall cause a gazette copy of the revoking gazette notice to be lodged with the land registry, and the registrar of titles must as soon as may be thereafter, at the cost and expense of the constructing authority, do and execute all such acts, matters, and things as the registrar of titles shall consider necessary to give effect to this subsection. Subject to subsection (2) (a) , for subsection (2) (b) the land or part shall so revest subject to all trusts, obligations, mortgages, encumbrances, charges, rates, contracts, claims, estates and interests of what kind soever subsisting therein or thereover immediately prior to the taking thereof, but so that no person shall be prejudiced by reason of the person having, in consequence of the gazette resumption notice taking the land in question and in the meantime, done or omitted to do any act or thing or failed to exercise any right in respect of any such trust, obligation, mortgage, encumbrance, charge, rate, contract, claim, estate, or interest and, without limiting the generality of the aforegoing, so that the time allowed under any such trust, obligation, mortgage, encumbrance, charge, rate, contract, claim, estate, or interest for the doing of any act or the exercising of any right shall be deemed not to be shortened by the period commencing on and including the date on which the land was taken and ending with and including the day immediately preceding the date on which the land or part was revested. Any person entitled to claim compensation under this Act in respect of the taking of any land may, upon the revesting of such land or part thereof pursuant to this section, claim from the constructing authority compensation for the loss or damage and (if any) costs or expenses incurred by the person in consequence of the taking of the land and prior to its revesting. The constructing authority and the claimant may agree upon the amount of the compensation to be paid under subsection (4) , or they may agree that such amount be determined by the Land Court, in which case such amount shall, upon the reference of either of them, be determined by the Land Court as if the land had been taken and not revested and the claim were limited to the compensation payable under that subsection. s 17 amd 1992 No. 64 s 3 sch 1 ; 1998 No. 48 s 17 sch ; 1999 No. 44 s 2 sch ; 2005 No. 67 s 11 ; 2009 No. 5 s 11 ; 2013 No. 23 s 29 ; 2019 No. 7 s 313 s ch 1 pt 2 (sec.17-ssec.1) If, at any time after the publication of the gazette resumption notice and before the amount of compensation to be paid in respect of the taking thereof is determined by the Land Court or the payment of compensation in respect of the taking is sooner made, it is found that the land or any part thereof is not required for the purpose for which it was taken, the Governor in Council or a gazetting authority, by gazette notice (the revoking gazette notice ), may revoke the gazette resumption notice, in whole or in part. (sec.17-ssec.1A) However, the revoking gazette notice shall not be made or published in the gazette unless the person entitled as owner to compensation in respect of the taking of the land has previously agreed in writing to the revesting as provided by this section of the land or part to which that notice relates. (sec.17-ssec.2) Upon the revocation wholly or otherwise by a revoking gazette notice of any gazette resumption notice— the gazette resumption notice shall to the extent to which so revoked be deemed to be absolutely void as from the making thereof as if it had not been made; and without prejudice to the provisions of paragraph (a) , the land or part thereof, as the case may be, to which the revoking gazette notice relates shall revest in the person in whom the same vested immediately prior to the day when it was taken by the constructing authority under the gazette resumption notice taking the land and, subject as hereinafter in this section provided, shall so revest for the person’s then estate or interest therein; and the constructing authority shall cause a gazette copy of the revoking gazette notice to be lodged with the land registry, and the registrar of titles must as soon as may be thereafter, at the cost and expense of the constructing authority, do and execute all such acts, matters, and things as the registrar of titles shall consider necessary to give effect to this subsection. (sec.17-ssec.2A) Subject to subsection (2) (a) , for subsection (2) (b) the land or part shall so revest subject to all trusts, obligations, mortgages, encumbrances, charges, rates, contracts, claims, estates and interests of what kind soever subsisting therein or thereover immediately prior to the taking thereof, but so that no person shall be prejudiced by reason of the person having, in consequence of the gazette resumption notice taking the land in question and in the meantime, done or omitted to do any act or thing or failed to exercise any right in respect of any such trust, obligation, mortgage, encumbrance, charge, rate, contract, claim, estate, or interest and, without limiting the generality of the aforegoing, so that the time allowed under any such trust, obligation, mortgage, encumbrance, charge, rate, contract, claim, estate, or interest for the doing of any act or the exercising of any right shall be deemed not to be shortened by the period commencing on and including the date on which the land was taken and ending with and including the day immediately preceding the date on which the land or part was revested. (sec.17-ssec.4) Any person entitled to claim compensation under this Act in respect of the taking of any land may, upon the revesting of such land or part thereof pursuant to this section, claim from the constructing authority compensation for the loss or damage and (if any) costs or expenses incurred by the person in consequence of the taking of the land and prior to its revesting. (sec.17-ssec.5) The constructing authority and the claimant may agree upon the amount of the compensation to be paid under subsection (4) , or they may agree that such amount be determined by the Land Court, in which case such amount shall, upon the reference of either of them, be determined by the Land Court as if the land had been taken and not revested and the claim were limited to the compensation payable under that subsection. - (a) the gazette resumption notice shall to the extent to which so revoked be deemed to be absolutely void as from the making thereof as if it had not been made; and - (b) without prejudice to the provisions of paragraph (a) , the land or part thereof, as the case may be, to which the revoking gazette notice relates shall revest in the person in whom the same vested immediately prior to the day when it was taken by the constructing authority under the gazette resumption notice taking the land and, subject as hereinafter in this section provided, shall so revest for the person’s then estate or interest therein; and - (c) the constructing authority shall cause a gazette copy of the revoking gazette notice to be lodged with the land registry, and the registrar of titles must as soon as may be thereafter, at the cost and expense of the constructing authority, do and execute all such acts, matters, and things as the registrar of titles shall consider necessary to give effect to this subsection.