Ο περί Αναγκαστικής Απαλλοτριώσεως Διαδικαστικός Κανονισμός, 1956 (1151/1956)

In the Compensation Assessment Tribunal.

Between:

A……………………………………..

B……………………………………………..

Claimant,

And

C………………………………………..

D……………………………………………….

Acquiring Authority.

To: The Registrar,

Compensation Assessment Tribunal,

Nicosia.

Description of land to which the Reference relates …………………………………………………………………………………………………….

I/We………………………………………………………………………………………………. of …………………………………………………………………….. (being a person(s) claiming compensation in respect of the land described above)

or

(being the authority liable for the payment of compensation (if any) in respect of the land described above) hereby apply for the determination by the Compensation Assessment Tribunal of the question of which particulars are set out below:-

All Communications regarding the Reference should be addressed to me/us at the address shown below (or, to my/our advocate/agent Mr ………………………………., or of ……………………………………..).

(Give full address of a person within the municipal limits of the main town of the District in which the land is situated).

PARTICULARS

(1) Name and address of Acquiring Authority ………………………………………….

(2) Name and address of claimant………………………………………………………..

(3) Nature of question and enactment under which claim is made…………………..

(4) Reference to Cyprus Gazette (date, page and notification No.) in which notice or notices of acquisition and/or notices to treat were published ………………………………………………………………………………………..

(5) Date of letter of offer and date of letter of refusal (as the case may be) ……………………………………………………………………………………………

(6) Date of entry on property acquired (if the Acquiring Authority has not entered on the property it should be so stated) …………………………………………

(7)-(a) Amount and nature of compensation claimed with particulars in support thereof (if this Notice of Reference is signed by the claimant) ……………………………………………………………………………….….

or

(b) The Acquiring Authority submits that the value of the property acquired is (state amount particulars and nature of compensation) (these particulars should be given only if the notice is signed by the Acquiring Authority) ……………………………………………………………………………………………….

or

(c) Full grounds of appeal or application (including amounts and particulars) …………………………………………………………………………………………………

(8) Interest in respect of which compensation is claimed……………………………..

(9) Lessee's name and full particulars of tenancy (if any)………………………………………………………………………………………………..

(10) Whether the party(ies) by whom this Notice is signed proposes to call an expert witness to give evidence in support of any valuations……………………………………………………………………………………………………………………………………………………………………………………..

Dated the ………………………..day of …………………….19 ………………

(Sgd.) ………………………………………..

Advocate for Acquiring Authority/Claimant.

Received on the …………………….day of………………………19………..

Registrar.

Note.- Where any reference is by way of appeal from an authority having statutory powers to determine compensation, there shall be sent to the registrar with the notice of reference a copy of the decision, assessment or notice of the determining authority (Rule 3(2)).

Compensation Assessment Tribunal,

Supreme Court, Nicosia.
……………,19………….

Reference No……………….. /19……….

Sir,

Pursuant to Rule 4 of the Compensation Assessment Tribunal Rules, 1956, I send herewith a copy of a Notice of Reference received from……………………………. of……………………, which has been entered in the Register of References of this Tribunal under Reference No. ……………………./19……………….

2. You are required to give to me and to the claimant (or Acquiring Authority) at his/their address for service shown in the Notice of Reference, within ten days from to-day, a written notice stating:-

(a)

the address at which documents may be served upon you; and

(b)

whether you propose to call an expert witness to give evidence in support of any valuations.

3. If you intend to call an expert witness you are required to comply with the provisions of Rule 19(3) of the Compensation Assessment Tribunal Rules, 1956, that is to say, to send to me, within 28 days from to-day, a copy of each of the following documents relating to the evidence to be given by your expert witness, together with………………………… copies of the documents for service upon the other party(ies), that is to say:-

(i)

every plan and valuation of the land which is the subject of the proceedings (including particulars and computations in support of such valuation) which it is proposed to put in evidence;

(ii)

a statement of any prices, costs, or other particulars, and any plans, relating to a property or properties other than the said land which are proposed to be given in evidence in support of any such valuation, or a statement that no such prices, costs, particulars, or plans will be relied upon.

4.-(a) (To the Claimant) You are further required to give to me and to the Acquiring Authority at their address for service, within 28 days from to-day, a written statement showing the amount claimed by you as compensation with full particulars thereof. In this connection your attention is invited to Rule 31 of the Compensation Assessment Tribunal Rules, 1956, regarding the fees payable by claimants on exaggerated claims, which provides that where the amount awarded by the Tribunal in any case is less than two-thirds of the amount of compensation claimed, the claimant shall pay to the Tribunal, the undermentioned additional fees:-

Amount of claim.

…………………………….

Fees in respect of each day of hearing before the Tribunal.

…………………………………

4.-(b) (To the Acquiring Authority) You are further required to give to me and to the claimant at his address for service, within 28 days from to-day, a written statement showing the valuation of the land which is the subject of the proceedings with full particulars in support thereof.

5. You are further requested to supply me with four copies of each of the documents that will be sent to me (which must be typed double-spaced with sufficient margin).

Registrar.