Costs of Appeal
Costs of Appeal
If I am successful in my appeal, will the Appeals Board order the Collector of Land Revenue to pay costs to me?
The general rule is that where the award by the Appeals Board exceeds the award by the Collector of Land Revenue, the Collector of Land Revenue shall pay costs of the appeal to you (see section 32(2) of the Land Acquisition Act). However, the Appeals Board shall not make a costs order in your favour if your claim exceeds the award by 20% or more (see section 32(4) of the Land Acquisition Act).
If the Appeals Board is of the opinion that you have made a claim that was so excessive or that you were so negligent in putting your case before the Collector of Land Revenue that the Appeals Board should make a deduction from the costs award in your favour, or order that you pay part of the Collector of Land Revenue’s costs, the Appeals Board may make such order as to costs as it may think fit.
In addition, in appeals pertaining to land, in respect of which the date of acquisition was on or after 29 September 2014, if the Appeals Board is of the opinion that a person who is not a party to the appeal (such as your valuers or solicitors) has been responsible for unnecessarily or unreasonably protracting, adding to the costs or complexity of the appeal or has put any party to unnecessary expense, the Board may order this third party to pay costs to you or any other party to the proceedings.
(Section 32(3) of the Land Acquisition Act).
If I am unsuccessful in my appeal, will I be made to pay costs of my appeal to the Collector of Land Revenue?
The relevant rule is section 32(1) of the Land Acquisition Act. Where:
(a) the amount awarded by the Appeals Board is equal to or less than the sum awarded by the Collector of Land Revenue; or
(b) where an appeal is withdrawn without agreement between you and the Collector of Land Revenue as to costs, costs of the appeal shall be paid by you to the Collector of Land Revenue.