12 May 2005
DELIGHT WORLD LTD v. THE SECRETARY FOR TRANSPORT
- Citation
- DELIGHT WORLD LTD v. THE SECRETARY FOR TRANSPORT
- Court
- Court of Appeal
- Case number
- CACV167/2004
Section 12(aa) of the Lands Resumption Ordinance requires that planning zoning/designation under the Town Planning Ordinance be ignored in assessing compensation; therefore the value of land for purposes legitimately permitted by the lease (Melhado use) is to be taken into account for compensation even if such use has not commenced and even if later planning controls would have prevented that use, so planning restrictions under the Town Planning Ordinance cannot reduce compensation in valuation where s12(aa) applies.