Interest rate on delayed land compensation
Our lands were acquired three years back in order to pave way for a public project. The ministry responsible for the project brought valuers to conduct valuation but to date we have not been paid compensation. After commencement of valuation exercise we were stopped by the Government not to carry out any further development on our lands and we have obeyed the order. Since it is two years now from the date we were stopped to develop our lands and we have not been paid, are we entitled to claim interest on compensation amount? What is the statutory rate of interest we are entitled to claim?
DL, Mwanza
There are four laws which prescribe the interest rate payable upon delay to pay compensation for loss of interest on land. These laws are Land Acquisition Act [Cap.118 R.E 2019]; the Valuation and Valuers Registration Act, 2016; the Land (Assessment of the Value of Land for Compensation) Regulations, 2001 and the Village Land Regulations, 2001.
Where the land is acquired or right of occupancy revoked by the President under the Land Acquisition Act, the interest rate provided under section 15 is 6 percent per annum which accrues from the date of land possession by the President until such time when compensation is paid.
Acquisition or revocation of interest on land under the Land Act [Cap.113] or the Village Land Act [Cap.114 R.E 2019] also attracts interest at average percentage rate of interests offered by commercial banks on fixed deposits. Deposit interest rate varies from time to time and from bank to bank and will likely be more than 6 percent.
The legal challenge which remains unanswered is when does the interest become payable under the Land Act? According to section 52(8) of the Valuation and Valuers Registration Act, the interest accrues after the expiration of six months from the date the Chief Valuer approved the valuation. The Chief Valuer is required by the law to approve the valuation within 6 months from the date of completion of valuation.
However, under regulation 13 of the Land (Assessment of the Value of Land for Compensation) Regulations, 2001 and regulation 19 of the Village Land Regulations, 2001 the interest accrues from the date of acquisition or revocation of interest on land and not from the date of valuation or approval of the valuation by the Chief Valuer.