of the day through reasonable and justifiable conditions. Notwithstanding it also
requires a law which would provide for the compulsory acquisition of a property to
comply with clause 3 of that Article. In pursuance the Acquisition of Land in the
Public Interest has been enacted.
Acquisition of Land in the Public Interest Bill
Objects and reasons
The Bill seeks to make provisions for the acquisition of land in the public interest in
accordance with the Constitution.
Where the Minister is of the opinion that it is necessary to acquire any land in the
public interest and there is reasonable justification for causing the hardship that may
result to persons having interest in the land, the Minister shall publish a notice of
intended acquisition. Such notice shall be given the widest publicity by publishing it
in the Gazette and in local newspaper and by serving it on persons who on
information available to the Minister have an interest in the land. The notice shall
state the purpose for which the land is to be acquired.
The persons to whom the acquisition is served may negotiate with the Minister for
the sale of the land.
Any person who has an interest in the land sought to be acquired may apply to the
Constitutional Court where he claims that the notice of intended acquisition has
contravened or is likely to contravene Article 26 of the Constitution. If the
Constitutional Court declares such a contravention, the notice of intended
acquisition shall cease to have effect. The legality of an acquisition may also be
questioned before the Supreme Court within 30 days of the acquisition and, where
such acquisition is declared to be non-legal, it shall be void and the Republic would
be liable to pay compensation for any loss or damage suffered as a result of the
acquisition.
Acquisition of Land in the Public interest Act, 3/06/1996, Laws of Seychelles 1996.
Section 2: "In this Act, acquire in the public interest, in relation to land, means the acquisition or
taking possession of land for its development or utilisation to promote the public welfare or benefit or
for public defence, safety, order, morality or health or for town and country planning"