000 01543cab a2200193 4500
001 ABS39963
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u20322
041 _aeng
245 _aGozra v Hackney LBC
260 _c1988
350 _a0
490 _aEstates Gazette
_v(8846) 19 November 1988, 87-88(2)
520 _aCA 12 May 1988 Appeal by local authority (H) from LT decision on a question of its jurisdiction under Land Compensation Act 1973 s38(4) to determine a dispute as to the amount of payment under s37(5) of the Act. S38(4) provided that any dispute as to the amount of a disturbance payment shall be referred to and determined by LT. The issue was as to whether the discretionary payment under s37(5) was a "disturbance payment" for this purpose. S37(5) covers cases where a person is displaced from land but is not entitled, as against the local authority, "to a disturbance payment or to compensation for disturbance under any other enactment". It was submitted by H that the 1973 Act drew a clear distinction between a disturbance payment and discretionary payment. It was contended that the jurisdiction conferred on LT related only to an actual disturbance payment. CA held, dismissing appeal, that s38(4) of the 1973 Act gave LT jurisdiction as to the amount of a disturbance payment. Although H
650 _aLAND COMPENSATION ACT 1973 S37 5
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION
942 _n0
948 _c04/03/1997
999 _c13615
_d13615