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Why the requirement to surrender private land may be unconstitutional
Regulations under the Land Planning Act, Cap 303, now repealed, required that land for proposed public uses such as schools, hospitals, shops, markets and open spaces, among others, be freely surrendered.
Prompted by emerging issues, I reviewed and reflected upon our planning law. I formed the opinion that the provisions requiring the surrender of private land upon applying for development approval under the Physical Planning and Land Use Act 2019 are flawed.
It may be only a matter of time before the constitutional court expunges the offending provisions. They undermine private tenure rights. One wonders how they slipped into this important law.
