s 48 Compensation, damages, fees, costs and expenses to be determined by Magistrate’s Court or District Court
48.—(1) Except as otherwise provided, in all cases where compensation, damages, fees, costs or expenses are provided under this Act to be paid, the amount and (if necessary) the apportionment of the amount and any question of liability are, in case of dispute, or failure to pay, to be summarily ascertained and determined by a Magistrate’s Court or, if the amount claimed exceeds the Magistrate’s Court limit, by a District Court. (2) In any proceeding under subsection (1), the Magistrate’s Court or District Court may —(a) inquire whether those expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings; (b) make any order concerning the expenses or their apportionment that appears to the Court to be just; and (c) where those expenses were incurred under section 26(6), 33(7E) or 41(1)(b) by the Board in carrying out any works specified in a notice, inquire whether any requirement specified in the notice was reasonable.[10/2012] [Act 38 of 2024 wef 01/03/2025] (3) The Magistrate’s Court or District Court is not to order the expenses or any part of the expenses to be borne by any person other than the defendant in the proceedings unless the Court is satisfied that the other person has had due notice of the proceedings and an opportunity of being heard. (4) If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay it within 7 days after demand, that amount may be reported to a Magistrate’s Court or District Court and recovered in the same way as if it were a fine imposed by a Magistrate’s Court or District Court. (5) An appeal lies to the General Division of the High Court from any decision of a Magistrate’s Court or District Court under this section, and the provisions of the Criminal Procedure Code 2010 apply, with the necessary modifications, to all such appeals.[40/2019]