Land Compensation Tribunal opens its doors at Le Chantier Mall -
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Land Compensation Tribunal opens its doors at Le Chantier Mall -
Land Compensation Tribunal opens its doors at Le Chantier Mall -
http://www.nation.sc/article.html?id=261963
Land compensation claims now with new land tribunal
http://www.nation.sc/article.html?id=255318
Today in Seychelles
August 18, 2017 ·
Wednesday 16 August, 2017
Land Compensation Tribunal Up to 40 cases await compensation
The five-member Tribunal appointed by President Danny Faure on Monday will be looking into cases where government has taken land from members of the public since 1993. Chairperson Joseph Athanasius says there are up to 40 pending cases which need to be looked at.
by S. Marivel
https://www.facebook.com/todayinsey/posts/wednesday-16-august-2017land-compensation-tribunalup-to-40-cases-await-compensat/1418839208153885/
The Lands Tribunal resolves a range of disputes about the value of land and buildings, and about their occupation, use or development.
https://www.justice-ni.gov.uk/articles/lands-tribunal
Don’t lose your Seychelles property TWICE! 19/8/19 Dr Otto Von Hapsburg Picnic in the COMECON Anniversary
After 31 December 2019 you will lose your property
if you have not yet made a claim for land compensation.
https://www.seyclaim.com/
Redress of land acquisitions
State ordered to return two parcels
Full compensation to be paid in a third case
A major judgment was delivered on 21 April by Chief Justice Mathilda Twomey sitting in the Court of Appeal. This judgment, in which concurred S. Domah (J.A) and A. Fernando (J.A), orders the State to return two parcels forthwith to its original owner, Nelson Robert Poole, and pay him full compensation for a third plot which cannot be returned.
by R. Meetarbhan
Mr. Poole was the owner of a land parcel T627 situated at Anse Gaulette, Mahe, which was compulsorily acquired by the government under the Land Acquisition Act on 1 October, 1983. In May 2016, after a petition brought before the Constitutional Court, the state was ordered to return to the Petitioner a few plots which originally formed part of parcel T627 and to pay compensation for some others.
In one case, government argued, during the hearing, that it could not return the land because "Parcel T3095, has a plan approved in 2010 by the Planning Authority for developing this parcel as a Beach Park with toilets and kiosks. There is also an ongoing periodical activity known as Bazaar O Van which takes place there."
The argument was rejected by the Court on the following ground: "We find that the parcel is not developed and the plan for development was put together way after the Petitioner had claimed the return of the parcel. Just holding of leisure activities occasionally is not sufficient to amount to development. We determine therefore that the parcel should be returned to the Petitioner."
Government appealed against the judgment of the Constitutional Court. The appeal was heard on 5 April and judgment delivered on April 21. Twomey J.A says in her judgment that "At the hearing of the appeal it became obvious to the Court that there are and there were no developments whatsoever on Parcel T3095 during the decades of its acquisition from the First Appellant."
The only evidence of such “development” was that submitted by Ms. Sabrina Zoé, an official from the Ministry of Land Use and Housing who had stated before the Constitutional Court that: “The parcels with beachfront particularly T3094, 93 and 95 is very popular venue (sic) for the general public as it is being used as a beach park, garden fair, Bazar Ovan and as a public access to the beach.”
Justice Twomey, for her part, explains that the Court cannot take into account new plans for a land that was acquired decades before. "Nor can it take into consideration use which was put to the vacant land by the community in the absence of any plan or development by the government," she adds.
In conclusion, she made the following order: "Parcel T3095 is to be returned to the First Respondent forthwith, with the easement (the public right of way) registered as an overriding interest on it."
An order was also made with respect to two other plots of land that formed part of the original parcel T627. In the first case, the Court ordered that parcel T767 is to be transferred to the third parties who had leased the land but that full compensation at market value should be paid to Nelson Robert Poole. Another parcel, T3094, is to be returned to Mr. Poole forthwith.
Philippe Boullé appeared for Nelson Robert Poole whereas Jayaraj Chinnasamy appeared for the Government of Seychelles and the Attorney General.
http://www.nation.sc/article.html?id=261963
Land compensation claims now with new land tribunal
http://www.nation.sc/article.html?id=255318
Today in Seychelles
August 18, 2017 ·
Wednesday 16 August, 2017
Land Compensation Tribunal Up to 40 cases await compensation
The five-member Tribunal appointed by President Danny Faure on Monday will be looking into cases where government has taken land from members of the public since 1993. Chairperson Joseph Athanasius says there are up to 40 pending cases which need to be looked at.
by S. Marivel
https://www.facebook.com/todayinsey/posts/wednesday-16-august-2017land-compensation-tribunalup-to-40-cases-await-compensat/1418839208153885/
The Lands Tribunal resolves a range of disputes about the value of land and buildings, and about their occupation, use or development.
https://www.justice-ni.gov.uk/articles/lands-tribunal
Don’t lose your Seychelles property TWICE! 19/8/19 Dr Otto Von Hapsburg Picnic in the COMECON Anniversary
After 31 December 2019 you will lose your property
if you have not yet made a claim for land compensation.
https://www.seyclaim.com/
Redress of land acquisitions
State ordered to return two parcels
Full compensation to be paid in a third case
A major judgment was delivered on 21 April by Chief Justice Mathilda Twomey sitting in the Court of Appeal. This judgment, in which concurred S. Domah (J.A) and A. Fernando (J.A), orders the State to return two parcels forthwith to its original owner, Nelson Robert Poole, and pay him full compensation for a third plot which cannot be returned.
by R. Meetarbhan
Mr. Poole was the owner of a land parcel T627 situated at Anse Gaulette, Mahe, which was compulsorily acquired by the government under the Land Acquisition Act on 1 October, 1983. In May 2016, after a petition brought before the Constitutional Court, the state was ordered to return to the Petitioner a few plots which originally formed part of parcel T627 and to pay compensation for some others.
In one case, government argued, during the hearing, that it could not return the land because "Parcel T3095, has a plan approved in 2010 by the Planning Authority for developing this parcel as a Beach Park with toilets and kiosks. There is also an ongoing periodical activity known as Bazaar O Van which takes place there."
The argument was rejected by the Court on the following ground: "We find that the parcel is not developed and the plan for development was put together way after the Petitioner had claimed the return of the parcel. Just holding of leisure activities occasionally is not sufficient to amount to development. We determine therefore that the parcel should be returned to the Petitioner."
Government appealed against the judgment of the Constitutional Court. The appeal was heard on 5 April and judgment delivered on April 21. Twomey J.A says in her judgment that "At the hearing of the appeal it became obvious to the Court that there are and there were no developments whatsoever on Parcel T3095 during the decades of its acquisition from the First Appellant."
The only evidence of such “development” was that submitted by Ms. Sabrina Zoé, an official from the Ministry of Land Use and Housing who had stated before the Constitutional Court that: “The parcels with beachfront particularly T3094, 93 and 95 is very popular venue (sic) for the general public as it is being used as a beach park, garden fair, Bazar Ovan and as a public access to the beach.”
Justice Twomey, for her part, explains that the Court cannot take into account new plans for a land that was acquired decades before. "Nor can it take into consideration use which was put to the vacant land by the community in the absence of any plan or development by the government," she adds.
In conclusion, she made the following order: "Parcel T3095 is to be returned to the First Respondent forthwith, with the easement (the public right of way) registered as an overriding interest on it."
An order was also made with respect to two other plots of land that formed part of the original parcel T627. In the first case, the Court ordered that parcel T767 is to be transferred to the third parties who had leased the land but that full compensation at market value should be paid to Nelson Robert Poole. Another parcel, T3094, is to be returned to Mr. Poole forthwith.
Philippe Boullé appeared for Nelson Robert Poole whereas Jayaraj Chinnasamy appeared for the Government of Seychelles and the Attorney General.
Last edited by Sirop14 on Tue Dec 17, 2019 5:14 pm; edited 4 times in total
Sirop14- Posts : 26645
Join date : 2008-06-02
Re: Land Compensation Tribunal opens its doors at Le Chantier Mall -
Did the government take your land? Seychellois must submit claim by December
Victoria, Seychelles | March 14, 2019, Thursday @ 10:10 in National » GENERAL | By: Daniel Laurence Edited by: Betymie Bonnelame | Views: 851
http://www.seychellesnewsagency.com/articles/10544/Did+the+government+take+your+land+Seychellois+must+submit+claim+by+December
Victoria, Seychelles | March 14, 2019, Thursday @ 10:10 in National » GENERAL | By: Daniel Laurence Edited by: Betymie Bonnelame | Views: 851
http://www.seychellesnewsagency.com/articles/10544/Did+the+government+take+your+land+Seychellois+must+submit+claim+by+December
Sirop14- Posts : 26645
Join date : 2008-06-02
Re: Land Compensation Tribunal opens its doors at Le Chantier Mall -
Did the government take your land? Seychellois must submit claim by December
http://www.seychellesnewsagency.com/articles/10544/Did+the+government+take+your+land+Seychellois+must+submit+claim+by+December
Home » Lands Acquisition Act
Lands Acquisition Act
https://seylii.org/sc/legislation/consolidated-act/105
SEYCHELLES: Appointment of Land Compensation Tribunal
http://www.voiceofafrica.tv/en/seychelles-appointment-of-land-compensation-tribunal-d3492
Poole v The Government of Seychelles & Ors (SCA 42/2013) [2015] SCCA 10 (17 April 2015);
https://seylii.org/sc/judgment/court-appeal/2015/10-0
Chief Justice Frederick Egonda-Ntende has urged all attorneys and law practitioners to observe the rules of the judiciary system and to carry out their duties accordingly.
[url=http://www.seychellesweekly.com/November 1, 2009/p15_attorney_gabriel.html]http://www.seychellesweekly.com/November%201,%202009/p15_attorney_gabriel.html[/url]
DEPARTMENT OF PUBLIC ADMINISTRATION NATIONAL HOUSE VICTORIA JUNE
2008
http://unpan1.un.org/intradoc/groups/public/documents/un/unpan032172.pdf
Attorney licensing - An ultimatum served to lawyer Daniel Cesar
National Assembly advisor Daniel Cesar has been denied renewal of his Legal Practitioner's Licence by the Registrar of the Supreme Court. Sources close to him say he is being made to suffer reprisals. However, relevant authorities strongly deny this.
https://www.facebook.com/todayinsey/posts/wednesday-5-july-2017attorney-licensingan-ultimatum-served-to-lawyer-daniel-cesa/1380539755317164/
http://www.seychellesnewsagency.com/articles/10544/Did+the+government+take+your+land+Seychellois+must+submit+claim+by+December
You are here
Home » Lands Acquisition Act
Lands Acquisition Act
https://seylii.org/sc/legislation/consolidated-act/105
SEYCHELLES: Appointment of Land Compensation Tribunal
http://www.voiceofafrica.tv/en/seychelles-appointment-of-land-compensation-tribunal-d3492
Poole v The Government of Seychelles & Ors (SCA 42/2013) [2015] SCCA 10 (17 April 2015);
https://seylii.org/sc/judgment/court-appeal/2015/10-0
Chief Justice Frederick Egonda-Ntende has urged all attorneys and law practitioners to observe the rules of the judiciary system and to carry out their duties accordingly.
[url=http://www.seychellesweekly.com/November 1, 2009/p15_attorney_gabriel.html]http://www.seychellesweekly.com/November%201,%202009/p15_attorney_gabriel.html[/url]
DEPARTMENT OF PUBLIC ADMINISTRATION NATIONAL HOUSE VICTORIA JUNE
2008
http://unpan1.un.org/intradoc/groups/public/documents/un/unpan032172.pdf
Attorney licensing - An ultimatum served to lawyer Daniel Cesar
National Assembly advisor Daniel Cesar has been denied renewal of his Legal Practitioner's Licence by the Registrar of the Supreme Court. Sources close to him say he is being made to suffer reprisals. However, relevant authorities strongly deny this.
https://www.facebook.com/todayinsey/posts/wednesday-5-july-2017attorney-licensingan-ultimatum-served-to-lawyer-daniel-cesa/1380539755317164/
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Re: Land Compensation Tribunal opens its doors at Le Chantier Mall -
A policy to better guide, coordinate sharing of geospatial data being finalised | 07 November 2019
http://www.nation.sc/articles/2268/a-policy-to-better-guide-coordinate-sharing-of-geospatial-data-being-finalised
http://www.nation.sc/articles/2268/a-policy-to-better-guide-coordinate-sharing-of-geospatial-data-being-finalised
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Re: Land Compensation Tribunal opens its doors at Le Chantier Mall -
Seychelles' land compensation tribunal extends claim deadline to June -
(Seychelles News Agency) - Seychelles' land compensation tribunal has extended its deadline for submission of claims from December to next June, said the chairperson.
Initially, Seychellois whose land was taken by the government from 1977 to 1993 had until the end of December to lodge their claims with the tribunal, which was set up in August 2017.
The chairperson of the Land Compensation Tribunal, Joseph Athanasius, told SNA that the extension will give complainants more time to come forward and for the establishment of the legal framework.
"An Act will give us more cover and also give our rulings more weight as well as allow both parties to appeal against the tribunal's decision. We have discussed the matter with the President's office and the Office of the Attorney General and the government is in the process of drafting a bill along that line," explained Athanasius.
He told SNA that to date there are around 60 claims for compensation and already the tribunal has concluded rulings in a dozen of them.
"We will not release the rulings until the Act comes into force so we are asking the people to bear with us as this is in their best interest," said Athanasius.
The five-member committee has been holding weekly sittings since 2017 to assess the various claims filed. The work of the committee includes site visits and interviews from both parties -- the complainant and government.
Athanasius says the tribunal bases its ruling on various points including previous court rulings, the location of the property and its current market value and the type of development that could have been done on the property.
Complainants can also suggest the amount of compensation they want for the loss of the property. However, Athanasius says in the absence of an Act, he would not divulge the highest amount requested so far and approved by the tribunal.
"We do not take sides and we assess each case on its merit. We are satisfied with the ruling we have taken to date," he added.
The Land Compensation Tribunal also works in close collaboration with the Truth Reconciliation and National Unity Commission which is investigating cases of human rights abuses prior and after the 1977 coup. Illegal land acquisition by the government also forms part of its mandate.
"We have a memorandum of understanding where we exchange information
related to land cases," said Athanasius.
In Seychelles, an archipelago in the western Indian Ocean, land can be acquired under Part II of the 'Acquisition of Land in the Public Interest Act, 1996. Under Part III of the same Act, claims can be made for compensation.
Any person who wants to submit a claim needs to fill a form that will be available online next year or can visit the tribunal located at Le Chantier Mall in Victoria, the capital.
A person submitting a claim needs to have a legal right to the land.
The establishment of the Tribunal is in line with a Court of Appeal ruling of December 7, 2012, in which the government was invited to set up a Tribunal, to deal with compensation cases as opposed to taking cases to Court.
http://www.seychellesnewsagency.com/articles/12110/Seychelles%27+land+compensation+tribunal+extends+claim+deadline+to+June?
(Seychelles News Agency) - Seychelles' land compensation tribunal has extended its deadline for submission of claims from December to next June, said the chairperson.
Initially, Seychellois whose land was taken by the government from 1977 to 1993 had until the end of December to lodge their claims with the tribunal, which was set up in August 2017.
The chairperson of the Land Compensation Tribunal, Joseph Athanasius, told SNA that the extension will give complainants more time to come forward and for the establishment of the legal framework.
"An Act will give us more cover and also give our rulings more weight as well as allow both parties to appeal against the tribunal's decision. We have discussed the matter with the President's office and the Office of the Attorney General and the government is in the process of drafting a bill along that line," explained Athanasius.
He told SNA that to date there are around 60 claims for compensation and already the tribunal has concluded rulings in a dozen of them.
"We will not release the rulings until the Act comes into force so we are asking the people to bear with us as this is in their best interest," said Athanasius.
The five-member committee has been holding weekly sittings since 2017 to assess the various claims filed. The work of the committee includes site visits and interviews from both parties -- the complainant and government.
Athanasius says the tribunal bases its ruling on various points including previous court rulings, the location of the property and its current market value and the type of development that could have been done on the property.
Complainants can also suggest the amount of compensation they want for the loss of the property. However, Athanasius says in the absence of an Act, he would not divulge the highest amount requested so far and approved by the tribunal.
"We do not take sides and we assess each case on its merit. We are satisfied with the ruling we have taken to date," he added.
The Land Compensation Tribunal also works in close collaboration with the Truth Reconciliation and National Unity Commission which is investigating cases of human rights abuses prior and after the 1977 coup. Illegal land acquisition by the government also forms part of its mandate.
"We have a memorandum of understanding where we exchange information
related to land cases," said Athanasius.
In Seychelles, an archipelago in the western Indian Ocean, land can be acquired under Part II of the 'Acquisition of Land in the Public Interest Act, 1996. Under Part III of the same Act, claims can be made for compensation.
Any person who wants to submit a claim needs to fill a form that will be available online next year or can visit the tribunal located at Le Chantier Mall in Victoria, the capital.
A person submitting a claim needs to have a legal right to the land.
The establishment of the Tribunal is in line with a Court of Appeal ruling of December 7, 2012, in which the government was invited to set up a Tribunal, to deal with compensation cases as opposed to taking cases to Court.
http://www.seychellesnewsagency.com/articles/12110/Seychelles%27+land+compensation+tribunal+extends+claim+deadline+to+June?
Sirop14- Posts : 26645
Join date : 2008-06-02
Re: Land Compensation Tribunal opens its doors at Le Chantier Mall -
Seychelles' Land Compensation Tribunal Extends Claim Deadline to June
https://allafrica.com/stories/201912170302.html
https://allafrica.com/stories/201912170302.html
Sirop14- Posts : 26645
Join date : 2008-06-02
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