Bhattacharjee v Blackburn with Darwen Borough Council, Court of Appeal - Lands Tribunal, March 30, 2000, [2000] EWLands ACQ_10_1999

Reporting Judge: [2000] EWLands ACQ_10_1999

President: Bhattacharjee v Blackburn with Darwen Borough Council

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Bhattacharjee v Blackburn with Darwen Borough Council, Court of Appeal - Lands Tribunal, March 30, 2000, [2000] EWLands ACQ_10_1999

[2000] EWLands ACQ_10_1999 (30 March 2000) ACQ/10/1999

COMPENSATION - limitation - Compulsory Purchase (Vesting Declarations) Act 1981 section 10(3) - advance payment and negotiations on disturbance compensation after 6 years - whether waiver or estoppel prevented acquiring authority from relying on limitation - held that it did not

LANDS TRIBUNAL ACT 1949

IN THE MATTER of a NOTICE OF REFERENCE

BETWEEN DR GAUR BUSHAN BHATTACHARJEE Claimant

and

BLACKBURN WITH DARWEN BOROUGH COUNCIL Respondent

Re: 77/79 Accrington Road, Blackburn

Before: The President

Sitting at Blackpool County Court, The Law Courts, Chapel Street,

Blackpool, Lancashire

on 26 January 2000

Vincent Fraser instructed by Haworth and Nuttall of Blackburn for the claimant

Alan Evans instructed by Catherine Parkinson, Director of Law and Administration, Blackburn with Darwen Borough Council, for the acquiring authority

The following cases are referred to in this decision:

Co-operative Wholesale Ltd v Chester-le-Street DC [1998] 3 EGLR 11

Kammins Ballrooms Co Ltd v Zenith Investments (Torquay) Ltd [1971] AC 850

Lillis v North West Water Ltd [1999] RVR 12

Troop v Gibson [1996] 1 EGLR 1

Lithgow v United Kingdom 1986 6 EHRR 329

Stubbings v United Kingdom (1996) 23 EHRR 213

DECISION ON A PRELIMINARY ISSUE

This reference concerns a claim for compensation for the compulsory acquisition by the predecessor of the acquiring authority, Blackburn Borough Council, of the claimant's premises at 77/79 Accrington Road, Blackburn. The claimant is a doctor. He bought the premises in March 1966 as his surgery and occupied them for this purpose until on 1 March 1993, following the compulsory acquisition, he moved to new premises. The compulsory purchase order, the Borough of Blackburn Accrington Road (Blackburn) CPO 1987 was made and confirmed in 1987. A general vesting declaration was made on 16 December 1987 and the vesting date was 14 January 1988. The reference to this Tribunal was made on 3 February 1999. The acquiring authority say that the claim is statute-barred because the 6-year limitation period provided for by section 10(3) of the Compulsory Purchase (Vesting Decl...

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