17.
(1) Any land of which possession is taken by the Board under section 16 shall, with effect from the date of commencement of such possession, vest absolutely in the Board free from all encumbrances. |
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(2) No person claiming any right, title or interest to or in any land of which possession has been taken by the Board under section 16 shall, save as provided in subsection (3), be entitled to institute any suit or other legal proceeding against the Board in respect of that land, or of the taking of possession thereof by the Board or of the doing of any work thereon by or under the authority of the Board. |
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(3) Any person who would but for the provisions of subsection (1) have any right, title or interest to or in any land of which possession has been taken by the Board under section 16 may institute in a court of competent jurisdiction an action against the Board for a declaration of such right, title or interest and for obtaining compensation from the Board in respect of that land. |
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(4) The amount of compensation which is to be awarded to any person in an action under subsection (3) shall, save as otherwise provided in subsection (5), be determined on the basis on which compensation would be determined under the Land Acquisition Act if the land in respect of which compensation is to be awarded was acquired under that Act. |
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(5) Where compensation is to be awarded to any person in an action under subsection (3) in respect of a land of which possession has been taken by the Board at any time within the period of five years commencing on the appointed date, the provisions of paragraph (b) of subsection (2) of section 15 shall apply for the purpose of determining the amount of such compensation. |
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