LAND ACQUISITION [Cap. 295 CHAPTER 295 - Faolexextwprlegs1.fao.org/docs/pdf/srl13617.pdf · acts nos. 9 of 1950, 39 of 19.54, 22 of 1955, 28 of 1964, 20 of 1969, 48 of 1971, 8 of

ActsNos. 9 of 1950,

39 of 19.54,22 of 1955,28 of 1964,20 of 1969,48 of 1971,

8 of 1979.

LAND ACQUISITION

CHAPTER 295

LAND ACQUISITION

AN ACT TO MAKE PROVISION FOR THE ACQUISITION OF LANDS AND SERVITUDES FOR

PUBLIC PURPOSES AND TO PROVIDE FOR MATTERS CONNECTED WITH OR

INCIDENTAL TO SUCH PROVISION.

[9th March, 1950.]

[Cap. 295

Short title.

Investigationsfor selectingland for publicpurpose.

1. This Act may be cited as the LandAcquisition Act.

PART I

PRELIMINARY INVESTIGATION AND

DECLARATION OF INTENDED

ACQUISITION

2. (I) Where the Minister decides thatland in any area is needed for any publicpurpose, he may direct the acquiring officerof the district in which that area lies tocause a notice in accordance with subsection(2) to be exhibited in some conspicuousplaces in that area.

(2) The notice referred to in subsection(1) shall be in the Sinhala, Tamil andEnglish languages and shall state that landin the area specified in the notice is requiredfor a public purpose and that all or any ofthe acts authorized by subsection (3) may bedone on any land in that area in order toinvestigate the suitability of that land forthat public purpose.

(3) After a notice under subsection (2) isexhibited for the first time in any area, anyofficer authorized by the acquiring officerwho has caused the exhibition of thatnotice, or any officer acting under thewritten direction of the officer authorized asaforesaid, may enter any land in that area,together with such persons, implements,

materials, vehicles and animals as may benecessary, and-

(a) survey and take levels of that land,

(b) dig or bore into the subsoil of thatland,

(c) set out the boundaries of that landand the intended line of any workproposed to be done on that land,

(d) mark such levels, boundaries andline by placing marks and cuttingtrenches,

(e) where otherwise the survey of thatland cannot be campleted and suchlevels taken and such boundariesand line marked, cut down andclear away any part of any standingcrop, fence or jungle on that land,and

(f) do all other acts necessary toascertain whether that land issuitable for the public purpose forwhich land in that area is required:

Provided that no officer, in the exercise ofthe powers conferred on him by thepreceding provisions of this subsection, shallenter any occupied building or any enclosedcourt or garden attached thereto unless hehas given the occupier of that building atleast seven days' written notice of hisintention to do so.

XI/-343

Cap. 295] LAND ACQUISITION

Compensationfor damagedone duringinvestigationscarried out onany land.

3. (1) Where any officer empowered-bysubsection (3) of section 2 to enter any landcauses any damage to that land or toanything thereon by doing on that land anyof the acts which he may do under thatsubsection, he shall assess the amount ofcompensation for that damage and shall, ifthat land is owned by more than oneperson, determine the apportionment of thatamount among the owners of that land.Such officer shall give the owner or ownersof that land written notice of the amount ofcompensation assessed by him and of anysuch apportionment of that amount as mayhave been determined by him.

(2) If any person who is entitled toreceive the whole or a portion of theamount of compensation assessed in respectof any land under subsection (1) andspecified in a notice under that subsection,is dissatisfied with such amount or with theapportionment of such amount, he may,within fourteen days reckoned-

(a) where such notice is sent through thepost, from the date on which suchnotice is received at the place towhich it is so sent, or

(b) where such notice is exhibited on ornear that land, from the date onwhich such notice is so exhibitedfor the first time,

make a written appeal to the acqumngofficer of the district in which that land issituated against the assessment orapportionment of compensation referred toin such notice.

(3) Where an acquiring officer allows anappeal made to him under subsection (2), heshall make a fresh assessment andapportionment of compensation or shallconfirm the amount of compensationassessed under subsection (I) and make afresh apportionment of that amount. Thedecision of such acquiring officer on suchappeal shall be final.

(4) The officer who issues a notice undersubsection (1) shall-

(a) where no appeal against theassessment or apportionment of

compensation referred to in suchnotice is made under subsection (2)within the time allowed therefor bythat subsection or where such anappeal is so made and the acquiringofficer to whom the appeal is madedisallows the appeal, tender to eachperson who is entitled tocompensation according to suchnotice the amount of compensationallowed to him by such notice, or

(b) where such an appeal is so made andsuch acquiring officer allows theappeal, tender to each person whois entitled to compensationaccording to the decision on suchappeal the amount of compensationallowed to him by such decision,

and shall pay the tendered amount to suchperson if he consents to receive it.

(5) Where the person to whom any sumis payable as compensation under thissection is a minor or is of unsound mind ordeclines to accept that sum when it istendered to him or is dead or cannot befound after diligent search, that sum shall bepaid in accordance with the provisions ofsection 32 or section 33.

4. (I) Where the Minister considersthat a particular land is suitable for a publicpurpose, or that a particular servitude overa particular land should be acquired for apublic purpose, he shall direct the acquiringofficer of the district in which that land issituated to cause a notice in accordance withsubsection (3) to be given to the owner orowners of that land and to be exhibited insome conspicuous places on or near thatland:

Provided however that it shall not benecessary to give a notice under thepreceding provisions of this subsection tothe owner or any owner of land whose nameand address cannot be found or ascertained.

(2) The Minister may issue a directionunder the preceding provisions of thissection notwithstanding that no notice hasbeen exhibited as provided by section 2,and, where he issues such a direction to anyacquiring officer, the provisions of

Notice of, andobjections to,intendedacquisition.

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LAND ACQUISITION [Cap. 295

(b)

and such Minister shall, after consideringsuch recommendations, make his ownrecommendations on the objections to theMinister.

(2) Any sale or other disposal of land incontravention of the provisions ofsubsection (I) (0) of this section shall be nulland void.

4A. (I) Where a notice has been issuedor exhibited in respect of any land undersection 2 or section 4, no owner of that landshall, during the period of twelve monthsafter the date of the issue or exhibition ofsuch notice,-

Specialprovision tonullify disposalof, and topreventdamage to,land in respectof which anotice has been

(0) sell or otherwise dispose of that issued orland; or exhibited

under section 2or section 4.

do any act which, directly or [§3, 28 ofindirectly, depreciates the value of 1964.]

that land as at the date of such issueor exhibition.

(6) A decision shall not be taken undersubsection (5) to acquire only a part of abuilding if the owner of the building desiresthat the whole of the building should beacquired under this Act, unless such partcan be severed or demolished withoutserious detriment to, or seriously affectingthe amenities of, the building.

(3) Any person who contravenes theprovisions of subsection (1) (b) of thissection shall be guilty of an offencepunishable with a fine not exceeding onethousand rupees.

For the purposes of this subsection," building" includes land which, beingnecessary for the convenient use andoccupation of the building, would pass by adevise of the building.

(5) When the time allowed by a noticeunder this section for making objections tothe intended acquisition of the land orservitude referred to in the notice hasexpired and, where any such objections havebeen made within such time, after theMinister has considered the appropriate [§2, 28 ofMinister's recommendations on those 1964.]objections, the Minister shall, subject to theprovisions of subsection (6), decide whetherthat land or servitude should or should notbe acquired under this Act.

(0) be in the Sinhala, Tamil and Englishlanguages;

(c) state that the Government intends toacquire that land or servitude for apublic purpose, and that writtenobjections to the intendedacquisition may be made to theSecretary to such Ministry as shallbe specified in the notice (hereafterin this section referred to as the" appropriate Secretary'') ; and

(d) specify a period within which suchobjections must be made, suchperiod being not less than fourteendays from the date on which suchnotice is given.

(b) contain a description of the land orservitude which is intended to beacquired;

(4) Where a notice relating to theintended acquisition of a land or of aservitude over a land is exhibited undersubsection (1) and objections to suchacquisition are made to the appropriateSecretary by any of the persons interested inthe land within the time allowed therefor bythe notice, the appropriate Secretary shallconsider such objections or direct an officerto consider such objections on his behalfand to make recommendations to him.When such objections are considered everyobjector shall be given an opportunity ofbeing heard in support thereof. After theconsideration of the objections theappropriate Secretary shall make hisrecommendations on the objections to theMinister in charge of the Ministry specifiedin the notice (hereafter in this sectionreferred to as the "appropriate Minister ''),

(3) The notice referred to in subsection(1) shall-

subsection (3) of section 2 shall apply inregard to the land to which that directionrelates in like manner as those provisionswould have applied if that acquiring officerhad caused a notice under section 2 to beexhibited in the area in which that land issituated.

[§2, 28 of1964.]

[§2, 28 of1964.]

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Declarationthat a land or aservitude isrequired for apublic purpose.

Survey andplan of land.

Notice topersonsinterested.

5. (I) Where the Minister decidesunder subsection (5) of section 4 that aparticular land or servitude should beacquired under this Act, he shall make awritten declaration that such land orservitude is needed for a public purpose andwill be acquired under this Act, and shalldirect the acquiring officer of the district inwhich the land which is to be acquired orover which the servitude is to be acquired issituated to cause such declaration in theSinhala, Tamil and English languages to bepublished in the Gazette and exhibited insome conspicuous places on or near thatland.

(2) A declaration made under subsection(I) in respect of any land or servitude shallbe conclusive evidence that such land orservitude is needed for a public purpose.

(3) The publication of a declarationunder subsection (I) in the Gazette shall beconclusive evidence of the fact that suchdeclaration was duly made.

6. When a declaration under section 5that a particular land is needed for a publicpurpose has been published in the Gazette,the acquiring officer of the district in whichthat land is situated may, if there is no planof that land made by the SurveyDepartment of the Government, or no suchplan which is suitable for use for thepurposes of proceedings under this Act,cause a survey and a plan of that land to bemade by a surveyor of that department, orby a licensed surveyor acting under thedirections of the Surveyor-General.

7. (I) The acquiring officer referred toin subsection (I) of section 5 shall cause anotice in accordance with subsection (2) ofthis section to be published in the Gazette inthe Sinhala, Tamil and English languagesand, where in his opinion the value of theland mentioned in the declaration madeunder that section exceeds five hundredrupees, in a Sinhala newspaper, a Tamilnewspaper and an English newspapercirculating in Sri Lanka, and shall alsocause that notice in those languages to beexhibited in some conspicuous places on ornear that land.

(2) The notice referred to in subsection(I) shall-

(0) describe the land or servitude whichis intended to be acquired;

(b) state that it is intended to acquiresuch land or servitude under thisAct and that claims forcompensation for the acquisition ofsuch land or servitude may be madeto the acquiring officer mentionedin the notice; and

(c) direct every person interested in theland which is to be acquired or overwhich the servitude is to beacquired to appear, personally orby agent duly authorized in writing,before such acquiring officer on adate and at a time and placespecified in the notice (such datenot being earlier than the twentyfirst day after the date on which thenotice is to be exhibited for the firsttime on or near the land), and, atleast seven days before the datespecified in the notice, to notify inwriting under the hand of thatperson or any agent duly authorizedas aforesaid to such acquiringofficer the nature of his interests inthe land, the particulars of his claimfor compensation, the amount ofcompensation and the details of thecomputation of such amount:

Provided that the acquiringofficer may, on good cause shownwithin two weeks after such noticeis exhibited, extend, up to a periodof twenty-eight days from the datespecified in such notice, the timewithin which any person interestedin such land is required to notify hisclaim for compensation to, andappear before, the acquiring officer.

(3) Notwithstanding anything in thepreceding provisions of this section, anynotice required by those provisions to bepublished in the newspapers may merelyspecify the land or servitude which isintended to be acquired and refer to any

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Power torequire andenforce themaking ofstatements asto personsinterested.

[§ 4, 28 of1964.]

Inquiry intoclaims forcompensation.

such Gazette as may be specified in thenotice for full particulars relating to suchacquisition.

(4) Where an acquinng officer whocauses the publication of a notice under thissection in respect of any land is satisfiedthat any person interested in that land is aminor or is of unsound mind and has noauthorized agent to act on his behalf asprovided in that notice, such officer may,either of his own motion or on applicationmade by or on behalf of such person,authorize a fit and proper person to be suchagent.

8. An acquiring officer who causes thepublication of a notice under section 7 inrespect of any land may require any personinterested in that land to make or deliver tohim, on or before a date specified in therequisition (such date not being earlier thanthe fourteenth day after the date of therequisition), a statement setting out, so faras may be practicable, the name and addressof every other person interested in that landor any part thereof, and the nature of theinterest in that land, and any rents andprofits received or receivable on account ofthat land for the three calendar years nextpreceding the date of the statement.

PART II

INQUIRY INTO CLAIMS, REFERENCE ToCOURT, AND ACQUIRING OFFICER'S

AWARD

9. (1) Where a notice under section 7in respect of any land is published, theacquiring officer of the district in which thatland is situated shall, on the date on whichand at the time and place at which personsinterested in that land are directed by thatnotice or in accordance with the proviso tosection 7 (2) (c) to appear before him, holdan inquiry into-

(0) the market value of that land or ofthe servitude which is to beacquired over that land;

(b) such claims for compensation asmay have been notified to himwithin the time allowed therefor bythat notice or in accordance withthe aforesaid proviso;

(c) the respective interests of the personsclaiming compensation; and

(d) any other matter which needsinvestigation for the purpose ofmaking an award under section 17.

(2) The acquiring officer conducting aninquiry under subsection (1) may adjournthe inquiry from time to time and may holdthe inquiry at different places on differentdates. On every occasion on which headjourns such inquiry, he shall notify thedate on which and the time and place atwhich the inquiry will be resumed to suchclaimants for compensation and such agentsof claimants for compensation, as arepresent on that occasion.

(2A) Where any inquiry under [§ 5, 28 of

subsection (1) which has been adjourned 1964.]cannot be resumed on the date notifiedunder subsection (2) to such of theclaimants for compensation and their agentsas were present on the occasion on whichthe inquiry was adjourned, the acquiringofficer holding the inquiry may from time totime postpone the date of its resumption.Notice of the date to which the resumptionof the inquiry is postponed and the time andplace at which the inquiry will be resumedshall be sent by registered post to theaforesaid claimants and agents so as toreach them at least seven days before thatdate.

(3) The acquiring officer conducting aninquiry under subsection (1) may by asummons under his hand require-

(0) any person whose evidence is, in thejudgment of such acquiring officer,likely to be material to the subjectmatter of the inquiry, to attend andgive evidence at the inquiry on suchdate and at such time and place asmay be mentioned in the summons,and

(b) any person to produce at the inquiry,on such date and at such time and

XIj347

Cap. 295] LANE! A~QVISITION

Reference ofclaims anddisputes tocourt fordetermination.

place as may be mentioned in thesummons, for examination by suchacquiring officer or by any officerof the Valuation Department of theGovernment who is authorized inthat behalf by such acquiringofficer, any such document or bookof accounts in the possession of thatperson as is, in the judgment ofsuch acquiring officer, likely tocontain such information as may benecessary to determine the interestsof that person or of any otherperson in the land to which theinquiry relates or the amount ofcompensation to be paid for suchinterests.

(4) A summons to any person undersubsection (3) shall be served on him in thesame manner as is provided by the CivilProcedure Code for the service of summonsin a civil suit.

(5) The examination of any witness atany inquiry under this section shall be onoath or affirmation administered by theacquiring officer holding the inquiry.

(6) An acquiring officer who holds aninquiry under this section shall make asummary of the evidence given by eachwitness and cause a certified copy of eachdocument produced in evidence to befurnished.

10. (1) At the conclusion of an inquiryheld under section 9, the acquiring officerholding the inquiry shall either-

(2) A claimant whose claim is wholly orpartly disallowed, or a party to a disputewhich is determined, by the decision of anacquiring officer under subsection (1) may,within fourteen days of the service on himof notice of the decision, make applicationto that acquiring officer for the reference ofthe claim or dispute, as the case may be, fordetermination as hereinafter provided; andthat acquiring officer shall make a referenceaccordingly.

(3) Every reference under the precedingprovisions of this section shall be made tothe District Court or the Primary Courthaving jurisdiction over the place where theland which is to be acquired or over which aservitude is to be acquired is situated,according as the total amount of the claimsfor compensation for the acquisition of theland or servitude exceeds or does not exceedone thousand five hundred rupees.

(4) In every case in which a reference ismade to the District Court or to thePrimary Court as hereinbefore provided, theacquiring officer shall defer the making ofhis award under section 17 in respect of theland or servitude to which such referencerelates until a determination on suchreference is made by that court or, in theevent of an appeal under section 14, by theCourt of Appeal.

(5) Where an acquiring officer makes adecision on any claim or dispute undersubsection (1), and the claim or dispute isnot referred for determination as providedin subsection (3), the decision shall be final.

(a) make a decision on every claim madeby any person to any right, title orinterest to, in or over the landwhich is to be acquired or overwhich a servitude is to be acquiredand on every such dispute as mayhave arisen between any claimantsas to any such right, title or interest,and give notice of his decision tothe claimant or to each of theparties to the dispute, or

11. A reference which an acquiringofficer may make under section 10 shall bein writing and in the form of a plaint in acivil suit. In the reference the acquiringofficer shall be described as the plaintiff andthe claimants for compensation shall bedescribed as the defendants. The referenceshall contain-

(a) the name of the court and the date ofsubmitting the reference to thecourt;

Form ofreference tocourt.

(b) refer the claim or dispute fordetermination as hereinafterprovided.

(b) the name, designation and address ofthe acquiring officer;

XI/348


Proceedings incourt onreference.

Costs ofproceedings incourt onreference.

Appeal againstdecision ofcourt.

(c) the names and addresses of theclaimants for compensation;

(d) a plain and concise statement of theclaim or dispute which is to bedetermined by the court; and

(e) a prayer for the determination ofthat claim or dispute.

12. (I) The proceedings in a court on areference made to it under section 10 shallbe subject to the procedure provided by theCivil Procedure Code for civil suits.

(2) No stamp duty shall be requiredfor any proceedings referred to insubsection (I).

(3) All such proceedings in a court asare referred to in subsection (I) shall betaken up before any other business of thatcourt unless special circumstances ofurgency in such other business render itimpossible to do so.

(4) The decision of a District Court or aPrimary Court on a reference made to itunder section 10 shall, if no appeal againstthat decision is made to the Court of Appealunder section 14, be final.

13. (I) The court to which a referenceis made under section 10 may award to anyparty to that reference an amountdetermined by the court as his costs of theproceedings relating to that reference.

(2) All such costs awarded to anacquiring officer under subsection (I) as arenot deducted in the manner provided bysection 30 may be recovered as if they Werecosts incurred in a civil suit.

14. (I) Where the plaintiff or anydefendant in a reference made under section10 to a District Court or a Primary Court isdissatisfied with the decision of that courton that reference, he may appeal againstthat decision to the Court of Appeal.

(2) Every appeal under subsection (I)shall be presented within the time and in themanner provided by the Civil ProcedureCode for appeals against decrees in civilsuits.

(3) No stamp duty shall be required inany proceedings before the Court of Appealrelating to an appeal under subsection (I).

(4) The Court of Appeal may award toany party to an appeal made undersubsection (I) an amount determined bythat court as his costs of the proceedingsrelating to that appeal.

15. (I) Where no person interested in aland in respect of which a notice undersection 7 has been published appears,personally or by agent duly authorized inwriting, on the day on which and at the timeand place at which persons interested in thatland are directed by that notice or inaccordance with the proviso to section 7 (2)(c) to appear, the acquiring officer of thedistrict in which that land is situated shallpostpone the inquiry required by section 9to be held on that day to a date not earlierthan the fourteenth day after the aforesaidday and shall cause to be exhibited in someconspicuous places on or near that land, forthe first time on a day not later than theseventh day before the date to which thatinquiry is postponed, a notice in theSinhala, Tamil and English languages-

(a) specifying the date on which and thetime and place at which thepostponed inquiry will be held,

(b) requiring the persons interested inthat land, if they have not alreadydone so, to notify to him in writingunder their hand or under the handof agents duly authorized asaforesaid, before the date of theinquiy, the nature of their interestsin that land and the amount andparticulars of their claims forcompensation, and

(c) stating that he will, whether thepersons interested in that landattend the inquiry or not, determineat the inquiry the amount ofcompensation payable, where thatland is to be acquired under thisAct, for the acquisition of that landor, where a servitude over that land

Nonappearance ofpersonsinterested inland.

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Claims madeout of time.

is to be acquired under this Act, forthe acquisition of that servitude.

(2) Where an inquiry which is to be heldby an acquiring officer in respect of anyland under section 9 is postponed undersubsection (I) to any date, he shall hold theinquiry on that date or any other date ordates to which the inquiry may beadjourned under subsection (2) of section 9,and shall make his award in respect of thatland under section J7, whether the personsinterested in that land attend the inquiry ornot.

16. (I) An acqumng officer shallentertaia and inquire into any claim to anyright, titl~ or interest to, in or over the landwhich is to be acquired or over which aservitude is to be acquired, made in writingat any time before the conclusion of aninquiry held by him under this Act,notwithstanding that such claim is madeafter the expiry of the time allowed thereforby any other provision of this Act; andaccordingly such other provisions of thisAct as are applicable to claims, other thanthose relating to the time within whichclaims may be made, shall apply in relationto such claims.

(2) An acquiring officer shall entertainand inquire into any claim to any right, titleor interest to, in or over the land which is tobe acquired or over which a servitude is tobe acquired, made orally at any time afterthe .commencement and before theconclusion of an inquiry held by him underthis Act, notwithstanding that such claim ismade after the expiry of the time allowedtherefor by any other provision of this Actand is not made in writing; and accordinglysuch other provisions of this Act as areapplicable to claims, other than thoserelating to the time within which claims maybe made and requiring claims to be made inwriting, shall apply in relation to suchclaim.:

(3) When a claim is made orally to anacquiring officer as provided in thepreceding provisions of this subsection, heshall make a record of that claim.

17. (I) The acquiring officer who holdsan inquiry under section 9 shall, as soon asmay be after his decisions under section 10have become final as provided in thatsection or after the final determination ofany reference made under that section andsubject to the other provisions of thissection, make an award under his handdetermining-

(a) the persons who are entitled tocompensation in respect of the landor servitude which is to beacquired;

(b) the nature of the interests of thosepersons in the land which is to beacq uired or over which theservitude is to be acquired;

(c) the total amount of the claims forcompensation for the acquisition ofthe land or servitude;

(d) the amount of the compensationwhich in his opinion should, inaccordance with the provisions ofPart VI of this Act, be allowed forsuch acquisition; and

(e) the apportionment of thecompensation among those persons.

Such acquiring officer shall give writtennotice of the award to the persons who areentitled to compensation according to theaward.

(2) Where no person having any right,title or interest to, in or over the whole orany part of a land which is to be acquired orover which a servitude is to be acquired isknown, then, in regard to the whole of theland or in regard to that part only, as thecase may be, it shall not be necessary todetermine in the award under this sectionthe matters specified in paragraphs (a), (b),(c) and (e) of subsection (I) and to complywith the provisions of that subsectionrelating to notice of the award.

(3) Where a claimant for compensationhas notified his claim to the acquiring

Award ofacquiringofficer.

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(2) Eight members of the board [§ 6, 28 of

(hereinafter referred to as the "lawyer 1964.]

members ') shall be attorneys-at-law withnot less than ten years' professionalexperience and the other eight members of [§ 6, 28 of

the board (hereinafter referred to as the 1964.]

" valuer members ") shall be persons havingadequate knowledge of the valuation ofland.

20. The members of the board shall be Remuneration

remunerated at such rates as may be of members.

prescribed.

Acquiringofficer maysupply failuresor omissions inthe course ofacquisitionproceedings.

Constitution ofthe board ofreview.[§ 6, 28 of1964.]

officer within the time allowed therefor bythis Act, the amount of compensationawarded to that claimant under subsection(I) shall not exceed the amount of his claim.

(4) An award under subsection (I) shall,where a reference under section 10 has beenmade to a District Court or a PrimaryCourt in respect of the land or servitude towhich the award relates, accord with thedecision of that court on that reference or,where an appeal against that decision hasbeen made to the Court of Appeal with thedecision of the Court of Appeal on thatappeal.

18. (I) Where in the course of anyproceedings for the acquisition of any landor servitude under this Act it is found thatthere has, at any stage of such proceedings,been an inadvertent failure or omission onthe part of the acquiring officer to complywith any provision of Part I or Part II ofthis Act relating to such proceedings, theacquiring officer may supply such failure oromission at any time prior to the making ofhis award under section 17; and thereuponany such proceedings as may have beentaken under that Part after the stageaforesaid shall be deemed to be null andvoid and fresh proceedings shall be takenunder the Act as from the said stage.

(2) Where an acquiring officer considersit necessary so to do for the purpose ofsupplying any failure or omission on hispart in the course of any proceedings for theacquisition of any land or servitude underthis Act to inquire into any matter whichshould have been inquired into by him atthe inquiry held under section 9, he mayreopen that inquiry at any time prior to themaking of his award under section 17.

PART III

ApPEALS TO THE BOARD OF REVIEW

AND ApPEALS TO THE COURT OF ApPEAL

ON QUESTIONS OF LAW

19. (I) For the purpose of hearingappeals in the manner hereinafter provided,there shall be a board of review (hereinafterreferred to as the "board ') consisting ofsixteen members who shall be appointedfrom time to time by the President.

(3) The President shall appoint a lawyermember of the board to be the chairman,and another member of the board to be thevice-chairman.

(4) Every member of the board shall,unless he earlier vacates office or is removedby the President therefrom, hold office for aperiod of three years. Any member of theboard who vacates office by effluxion oftime shall be eligible for reappointment.

(5) The Minister shall, before makingany recommendation to the President inregard to the exercise of the powersconferred on the President by this section,obtain the advice of the members for thetime being of the Judicial ServiceCommission.

(6) There shall be appointed a secretaryto the board (hereinafter referred to as the" secretary").

21. (I) The secretary shall, under thedirection of t~e chairman of the board,convene meeti gs of the board at whichappeals are to b heard.

(2) The chairman or vice-chairman, twolawyer members and two valuer members ofthe board shall be summoned to an ordinarymeeting of the board. Such lawyer membersand such valuer members shall be chosen bylot by the secretary. The quorum for anordinary meeting of the board shall be threemembers of whom at least one shall be avaluer member.

(3) All the members of the board shallbe summoned to an extraordinary meetingof the board. The quorum for anextraordinary meeting of the board shall betwo lawyer members and three valuermembers.

[§ 6, 28 of1964.]

Meetings of theboard.

[§ 7, 28 of1964.]

XI/351


[§ 7, 28 of1964.]

[§ 7, 28 of1964.]

[§7,280f1964.]

Right of appealto the board.

[§ 8, 28 of1964.]

(3A) The chairman of the board- shallpreside at every ordinary meeting of theboard to which he is summoned and atwhich he is present. The vice-chairman ofthe board shall preside at every ordinarymeeting of the board to which he issummoned and at which he is present. Inthe absence of the chairman or vicechairman of the board from any ordinarymeeting to which he is summoned, themembers of the board summoned to andpresent at that meeting shall choose fromamong themselves a chairman for thatmeeting.

(4) The chairman of the board shallpreside at every extraordinary meeting ofthe board. In the absence of the chairmanfrom an extraordinary meeting of the board,the vice-chairman of the board shall presideat that meeting. In the absence of both thechairman and the vice-chairman of theboard from an extraordinary meeting of theboard, the members of the board-summonedto and present at the meeting shall choosefrom among themselves a chairman for themeeting.

(5) A member of the board who isinterested in the subject-matter of an appealmade to the board or who has beenconsulted' as an attorney-at-law or as avaluer in regard to that matter by or onbehalf of the person interested therein shallnot participate in a meeting of the board atwhich that appeal is heard.

(6) A meeting of the board may fromtime to time be postponed or adjourned.

22. (I) A person to whomcompensation is allowed by an award undersection 17 and who has notified his claimfor compensation to the acquiring officerwithin the time allowed therefor by this Act,may appeal to the board against that awardon the ground that the amount of thecompensation allowed to him is insufficient:

Provided that-

(a) where, before such person prefers anappeal against such award, thewhole or any part of thecompensation allowed to him bysuch award is tendered to him by the

acquiring officer and he does notdecline to receive the amount sotendered, he shall not have the rightto prefer an appeal against suchaward, and

(b) where, after he has preferred anappeal against such award andbefore such appeal is decided by theboard, the whole or any part ofsuch compensation is tendered tohim by the acquiring officer and hedoes not decline to receive theamount so tendered,

the board shall dismiss such appeal.

(2) Every appeal under this sectionshall-

(a) be in writing;

(b) state the name and address of theappellant;

(c) mention as the respondent theacquiring officer who made theaward against which the appeal ispreferred;

(d) contain a plain and concisestatement of the appellant's interestin the land to which such awardrelates; and

(e) state the amount of compensationclaimed by the appellant and hisreasons for considering thecompensation allowed to him bysuch award to be insufficient.

(3) Every appeal under this section shallbe addressed to the chairman of the boardand shall be transmitted to, or delivered at,the office of the board.

23. No appeal against an award madeunder section 17 shall be entertained by theboard unless it has been preferred withintwenty-one days after the date on whichnotice of that award was received by theappellant.

Time-limit forappeals to theboard.

XIj352


Appellant tofurnish lists ofwitnesses anddocuments.[§ 9, 28 of1964.]

Proceedingsbefore theboard.

23A. The appellant in any appeal to theboard shall furnish to the board-

(a) a list of the witnesses he intends tocall at the hearing of such appeal,and

(b) a list of the documents he intends toproduce at that hearing in supportof such appeal,

before the expiry of a period of six monthsfrom the date on which such appeal waspreferred to the board or, if such appeal isfixed for hearing on a date before the expiryof such period, before the date so fixed.

24. (I) Every appeal to the board shallbe heard at an ordinary meeting of theboard:

Provided that the chairman of the boardmay refer any appeal for hearing to anextraordinary meeting of the board.

(2) The secretary shall fix a date, timeand place for the hearing of each appeal tothe board and shall give twenty-one cleardays' notice thereof in writing to theappellant and the respondent in the appeal.

(3) The appellant and the respondent inan appeal to the board shall attend,personally or by agent or agents dulyauthorized in writing, the meeting of theboard at which the appeal is heard. Where,for reasonable cause notified in writing tothe chairman of the board, the appellant orthe respondent is unable so to attend suchmeeting, the hearing of the appeal may bepostponed.

(4) The chairman of the board and, inhis absence, the person who is chairman ofany meeting of the board shall, for thepurposes of the hearing of any appeal by theboard, have all the powers of a DistrictCourt-

(a) to summon and compel theattendance of witnesses,

(c) to administer any oath oraffirmation to witnesses.

(5) Section 142 of the Civil ProcedureCode and section 132 of the EvidenceOrdinance shall apply to a witness in anyproceedings before the board as thoughthose proceedings were proceedings before acivil court.

(6) The secretary shall, in respect ofevery appeal heard by the board, keep arecord of all such proceedings before theboard as relate to that appeal.

25. (I) The decision made at a meetingof the board on an appeal heard at thatmeeting shall be deemed to be the decisionof the board on that appeal.

(2) Where the members of the boardwho hear an appeal disagree with regard tothe decision on the appeal, the decision ofthe majority of them shall be the decision ofthe board on the appeal, and, where themembers are equally divided in theiropinion, the decision supported by thechairman of the meeting at which the appealis heard shall be the decision of the boardon the appeal.

(3) Where the board disallows an appealagainst an award made under section 17, thedecision on the appeal shall confirm orreduce the amount of compensation allowedto the appellant by that award.

(4) Where the board allows an appealagainst an award made under section 17, thedecision on the appeal shall determine theamount of compensation payable to theappellant:

Provided that the board shall not allow ascompensation to the appellant an amountwhich exceeds the amount of the claim forcompensation which he had originallynotified to the acquiring officer who madesuch award.

Decision of theboard.

(b) to compel the productiondocuments, and

of (5) Every decision of the board shallcontain the reasons therefor.

XI{353


Costs ofproceedingsbefore theboard.

Finality ofdecision ofthe board.

Appeal onquestion of lawto the Court ofAppeal.

26. (I) The decision of the board on anappeal made to it shall, unless for specialreason the board directs otherwise, containan order as to the person who is to pay thecosts of the proceedings relating to theappeal and shall determine the amount ofsuch costs.

(2) All such costs allowed to anacquiring officer under subsection (I) on anappeal against an award under section 17 asare not deducted in the manner provided bysection 30 may be recovered as if they werecosts incurred in a civil suit, and for thatpurpose the decision of the board by whichthe costs are allowed shall be deemed to bea decree of the District Court or thePrimary Court having jurisdiction over theplace where the land to which that awardrelates is situated, according as the totalamount of the claims for compensationmentioned in that award exceeds or doesnot exceed one thousand five hundredrupees.

27. Save as provided in section 28, adecision of the board shall be final and shallnot be called in question in any court.

28. ( I) Where a party to an appeal tothe board is dissatisfied with the board'sdecision on that appeal, he may, by writtenpetition in which the other party ismentioned as the respondent, appeal to theCourt of Appeal against that decision on aquestion of law:

Provided that no such appeal may bepreferred on any question determined byany decision which is declared by section 10(5) or section 12 (4) to be final.

(2) A petition of appeal undersubsection (I) shall state the question of lawto be argued, shall bear a certificate by anattorney-at-law that such question is fit foradjudication by the Court of Appeal, andshall be presented in duplicate to the boardby the appellant within twenty-one daysafter the date of the board's decision againstwhich the appeal is preferred.

(3) When a petition of appeal ispresented to the board in the manner and

within the time specified in subsection (2),the secretary to the board shall-

(a) transmit to the Court of Appeal oneof the duplicates of the petition ofappeal together with the record ofthe proceedings in which theboard's decision against which theappeal has been preferred wasmade, and

(b) issue notice of the appeal to therespondent named in the petition ofappeal together with the otherduplicate of the petition of appeal.

(4) No stamp duty shall be required inany proceedings before the Court of Appealrelating to an appeal under subsection (I).

(5) Every appeal to the Court of Appealunder this section shall be heard anddetermined by any two Judges of that court.On determining the question of law onwhich an appeal is made to the Court ofAppeal under this section, that court shall,in accordance with its decision on suchquestion, confirm, reduce or increase theamount of compensation which has beenconfirmed or determined by the board'sdecision against which that appeal has beenpreferred:

Provided that the Court of Appeal shallnot allow as compensation to any person anamount which exceeds the amount of theclaim for compensation which he hadoriginally notified to the acquiring officerwho made the award under section 17 inrespect of the land or servitude to whichthat claim relates.

PART IV

PAYMENT

29. Where an award is made under Tender and

section 17, the acquiring officer of the payment ofdistrict in which the land to which that compensation.

award relates is situated shall tender to eachperson who is entitled to compensationaccording to that award the amount ofcompensation allowed to him by that awardor, if in lieu of that amount a new amount

Xlj354


[§ 10,28 of1964.]

has been allowed as compensation to thatperson by a final decision on an appeal tothe board or by a decision on an appeal tothe Court of Appeal tender that newamount to him, and shall pay the tenderedamount to him if he consents to receive it :

Provided however that, where,-

(a) the total amount of compensationpayable to all the persons entitledto compensation in respect of suchland, exceeds twenty-five thousandrupees, and

(b) such land is not situated within theadministrative limits of anyMunicipal Council, UrbanCouncilor Town Council, and

(c) such land does not, on the date onwhich the notice under section 7 ispublished in the Gazette, have on itany building which is used for anyresidential or business purpose,

then, the acquiring officer shall, exceptwhere the Minister otherwise directs in thenational interest, tender and make paymentof compensation in the followingmanner :-

(i) forthwith after the said award ismade, a sum of twenty-fivethousand rupees shall be dividedamong and paid to the persons whoare entitled to compensationin respect of such land in the sameproportion as that in whichcompensation has been apportionedamong such persons in such award;and

(ii) thereafter the balance compensationshall be divided among and paid tothe said persons in the saidproportion but in not more than tenequal instalments, so however thatthe entire balance compensation ispaid before the lapse of ten yearsfrom the date of payment of the

said sum of twenty-five thousandrupees:

Provided further that, where thecompensation for the acquisition ofany premises devoted to a purposereferred to in subsection (2) ofsection 46 is assessed on the basismentioned in that subsection, thepayment of such portion of thecompensation as is equal to thirtyper centum of the compensationshall be deferred until the personsentitled thereto have actuallyprovided for the aforesaid purposepremises equivalent to the firstmentioned premises.

30. Where any costs of proceedingsunder this Act in a court or before theboard are ordered by that court or theboard to be paid by any person to theacquiring officer who is a party to thoseproceedings, the amount which may be dueas such costs may be deducted from anycompensation payable under this Act to thatperson.

* 31. Where compensation is payableunder this Act for a mortgagee's interest ina land, that compensation shall, unlessotherwise agreed between the parties, bepaid into the District Court or the PrimaryCourt having jurisdiction over the placewhere that land is situated, according ss theamount of that compensation exceeds ordoes not exceed one thousand five hundredrupees, to be drawn by the person entitledthereto.

32. (I) Where a sum not exceeding onehundred rupees is payable as compensationunder this Act to any person who is a minoror is of unsound mind, that sum may, if heis a minor, be paid to him or, if he is aminor or is of unsound mind, be paid, forhis benefit, to any other person who ismaintaining him.

(2) Where any sum which is payable ascompensation for the acquisition of a landor servitude under this Act to a person whois a minor or is of unsound mind exceedsone hundred rupees or is not paid in themanner permitted by subsection (I), thatsum shall, for the benefit of that person, be

Deduction ofcosts fromamount ofcompensation,

Compensationfor land subjectto a mortgage.

Payment ofcompensationdue to a minoror a person ofunsound mind.

[§ 11,28 of1964.]

• Subsections (I) and (2) of section 31 are omitted in view of section 2 of the Abolition of Fidei Commissa andEntails Act.

X~/355


Compensationwhich cannotbe paid toperson towhom it ispayable or whomay be entitledthereto.[§ 12,28 of1964.]

Renunciationof right tocompensation.

paid into the District Court or the PrimaryCourt having jurisdiction over the placewhere that land or the servient tenement ofthat servitude is situated, according as thatsum exceeds or does not exceed onethousand five hundred rupees.

33. Where any person to whom anycompensation for the acquisition of a landor servitude under this Act is payabledeclines to receive it when it is tendered tohim, or is dead or cannot be found afterdiligent search, or where no person entitledto any compensation for the acquisition of aland or servitude under this Act is known,that compensation shall be paid into theDistrict Court or the Primary Court havingjurisdiction over the place where that landor the servient tenement of that servitude issituated, according as the amount of thatcompensation exceeds or does not exceedone thousand five hundred rupees, to bedrawn by the person entitled thereto.

Notice of the payment of any sum asprovided in this section shall be published inthe Gazette and in at least one Sinhala dailynewspaper, one Tamil daily newspaper, andone English daily newspaper circulating inSri Lanka. .

34. (1) If any person to whomcompensation is payable under this Act forhis interest in any land which is to beacquired or over which a servitude is to beacquired under this Act desires to renouncehis right to such compensation, he shallmake and sign a written declaration that herenounces such right. Such declaration shallbe conclusive evidence that such person hasrenounced such right, and thereafter noperson shall, save as provided in subsection(4), be entitled to claim compensation fromthe Government in respect of such interest.

(2) A declaration made by any personunder subsection (I) shall state the amountof compensation which would have beenpaid to him by the Government if he hadnot renounced his right thereto.

(3) No declaration under subsection (1)shall be chargeable with stamp duty.

(4) Where any person, other than thedeclarant in a declaration made undersubsection (1), proves that he was entitled to

such interest in the land to which thatdeclaration relates as was claimed by thatdeclarant, he shall be entitled tocompensation from the Government inrespect of such interest, but the amount ofcompensation payable to him shall notexceed the amount of compensationspecified under subsection (2) in thatdeclaration.

35. Where the amount of compensation Interest on

payable under this Act to any person for the compensation.

acquisition of any land or servitude is notpaid to him or into court before the date onwhich an Order under section 38 in respectof that land or servitude is published in theGazette, that amount shall be paid withinterest thereon at a prescribed rate fromthat date up to the date of payment:

Provided that, where compensation IS [§ 13,28 of

paid in pursuance of the first proviso to 1964.]

section 29, the rate at which interest ispayable on the balance compensationreferred to in paragraph (ii) of that proviso,or on any part of such balancecompensation, shall be such rate as may befixed generally in that behalf by theSecretary to the Treasury by notificationpublished in the Gazette.

* 36. (I) Any person to whom Exchange.

compensation for the acquisition of anyland is payable under this Act may ent.erinto a written agreement with the acquiringofficer of the district in which that land issituated to accept, in lieu of the whole orany part of such compensation, a transfer ofany other land which is the property of theState. Such agreement shall be signed bythat person and by that acquiring officer.The amount of compensation in lieu ofwhich the transfer is accepted shall bespecified in such agreement.

(2) No agreement under subsection (1)shall be chargeable with stamp duty.

(3) Where any person accepts a transferof any land made under an agreementexecuted under subsection (1), such transfershall, for the purposes of this Act, bedeemed to be payment of the compensationin lieu of which such transfer is accepted bythat person.

• Subsection (4) of section 36 is omitted in view of section 2 of the Abolition of Fidei Commissa andEntails Act.

XI/356


Finality as topayment ofcompensation.

37. Where compensation for theacquisition of any land or servitude hasbeen, or is deemed to have been, paid inaccordance with the provisions of this Act,no further claim against the Government forcompensation for such acquisition shall beallowed.

PART V

POSSESSION AND DISPOSAL

*38A. (1) Where any land is beingacquired for the purposes of a localauthority and the preliminary valuation ofthat land made by the Chief Valuer of theGovernment does not exceed the specifiedsum, the immediate possession of such landon the ground of urgency, within themeaning of the proviso to section 38, shallbe deemed to have become necessary, andaccordingly the Minister may make anOrder of possession under section 38 of thisAct.

Immediatepossession ofcertain landsacquired forthe purposes oflocalauthorities.[§ 32, 48 of1971.]

Order fortakingpossession ofa land, orsubjecting aland to aservitude.

38. At any time after an award is madeunder section 17, the Minister may by Orderpublished in the Gazette-

(a) where the award relates to theacquisition of any land, direct theacquiring officer of the district inwhich that land is situated, or anyother officer authorized in thatbehalf by such acquiring officer, totake possession of that land for andon behalf of the State, or

(b) where the award relates to theacquisition of any servitude, declarethat the land over which thatservitude is to be acquired shall besubject to that servitude:

Provided that the Minister may make anOrder under the preceding provisions of thissection-

(a) where it becomes necessary to takeimmediate possession of any landon the ground of any urgency, atany time after a notice undersection 2 is exhibited for the firsttime in the area in which that landis situated or at any time after anotice under section 4 is exhibitedfor the first time on or near thatland, and

(b) where it becomes necessaryimmediately to acquire anyservitude on the ground of anyurgency, at any time after a noticeunder section 4 is exhibited for thefirst time on or near the land overwhich that servitude is to beacquired.

(2) In subsection (l) "specified summeans-

(a) in the case of an acquisition for thepurpose of a Village Councilor aTown Council, twenty-fivethousand rupees;

(b) in the case of an acquisition for thepurpose of an Urban Council,seventy-five thousand rupees;

(c) in the case of an acquisition for thepurpose of a Municipal Council,one hundred thousand rupees.

(3) The provisions of subsection (l) shallnot be construed to limit in any way thepowers of the Minister to make any Orderof possession of any land on the ground ofany urgency under section 38 of this Actwhich he may lawfully make under thatsection, whether such land is being acquiredfor the purposes of a local authority or not.

(4) In this section "local authority"means a Municipal Council, Urban Council,Town Councilor Village Council.

39. (1) Notwithstanding that by virtue Revocation ofof an Order under section 38 (hereinafter in vesting orders.this section referred to as a " vesting order ")any land has vested absolutely in the State,the Minister may, if possession of the landhas not actually been taken for and onbehalf of the State in pursuance of thatOrder, by subsequent Order published in theGazette revoke the vesting order.

(2) Copies of any Order undersubsection (1) shall be published in at leastone Sinhala daily newspaper, one Tamildaily newspaper, and one English daily

• New section 38A has been introduced in the course of the revision, and is based on section 32 of the LocalAuthorities (Special Provisions) Act, No. 48 of 1971.

XI/3~7


Divesting oflands whereactualpossession hasbeen taken.[§ 2, 8 of 1979.]

newspaper circulating in the area in whichthe land to which the Order relates issituated, and shall be exhibited inconspicuous places upon and in the vicinityof the land.

(3) Where a vesting order is revokedunder this section, the land to which itrelates shall be deemed never to have vestedin the State by virtue thereof; and anyquestion which might arise as to any right,title or interest to, in or over the land shallbe determined accordingly.

39A. (1) Notwithstanding that byvirtue of an Order under section 38(hereafter in this section referred to as a"vesting Order 'J any land has vestedabsolutely in the State and actual possessionof such land has been taken for or on behalfof the State under the provisions ofparagraph (a) of section 40, the Ministermay, subject to subsection (2), bysubsequent Order published in the Gazette(hereafter in this section referred to as a"divesting Order") divest the State of theland so vested by the aforesaid vestingOrder.

(2) The Minister shall prior to making adivesting Order under subsection (1) satisfyhimself that-

(a) no compensation has been paidunder this Act to any person orpersons interested in the land inrelation to which the said divestingOrder is to be made;

(b) the said land has not been used for apublic purpose after possession ofsuch land has been taken by theState under the provisions ofparagraph (a) of section 40 ;

(c) no improvements to the said landhave been effected after the Orderfor possession under paragraph (a)of section 40 had been made; and

(d) the person or persons interested inthe said land have consented inwriting to take possession of suchland immediately after the divestingOrder is published in the Gazette.

(3) Copies of any divesting Order madeunder subsection (1) shall be published in atleast one' Sinhala daily newspaper, oneTamil daily newspaper, and one Englishdaily newspaper circulating in the area inwhich the land to which the Order relates issituated, and shall be exhibited inconspicuous places upon and in the vicinityof the land.

(4) The following provisions shall applyin any case where any land vested in theState by a vesting Order referred to insubsection (1) is subsequently divested by adivesting Order under the saidsubsection :-

(a) that land shall be deemed never tohave vested in the State by virtue ofthat vesting Order;

(b) every right, title, or interest in orover that land of a person interestedin that land existing at the time thevesting Order was published in theGazette shall be deemed not to havebeen extinguished and every suchright, title or interest shall be validand enforceable -notwithstandingsuch vesting Order;

(c) the person or persons interested inthat land at the time the vestingOrder was published in the Gazetteshall forthwith be restored topossession of the said land;

(d) a11' claims made under this Act to thecompensation payable in respect ofthat land and all proceedings takenunder this Act in relation to suchclaims before the divesting Ordertook effect shall be deemed to benull and void;

(e) no fresh claims to compensation inrespect of that land and no claimfor damages against the State, apublic officer or the Minister byany person or persons interested inthat land at the time the vestingOrder was published in the Gazetteor subsequent thereto, shall beentertained or allowed in any courtor tribunal; and

Xlj358


(f) the preceding provisions of thissection shall have effectnotwithstanding anything in anyother provision of this Act or in anyother written law.

41. In any case where an Order is madeunder the proviso to section 38 for thetaking of immediate possession of any landor for the immediate acquisition of anyservitude on the ground of urgency, then-

Provisions forapplication ofAct whereOrder underproviso tosection 38 ismade.

Effect ofOrder undersection 38.

Order undersection 38 tobe conclusiveevidence ofcertain facts.[§ 14,28 of1964.]

40. When an Order of the Ministerunder section 38 is published in the Gazette,then-

(a) where that Order is in regard to thetaking possession of a particularland, that land shall, by virtue ofthat Order, vest absolutely in theState free from all encumbranceswith effect from the date on whichthat Order is so published, and anyofficer who is authorized to do soby that Order may, on or after thatdate, take possession of that landfor and on behalf of the State, or

(b) where that Order is in regard to thesubjection of a particular land to aparticular servitude, that land shallbe subject to that servitude, andthat servitude may be utilized forthe public purpose for which it wasacquired, on and after the aforesaiddate.

40A. Where an Order of the Ministerunder section 38 is published in the Gazette,then,-

(a) where that Order is in regard to thetaking possession of a particularland, that Order shall, for so longonly as it is not subsequentlyrevoked under section 39, bereceived in all courts as conclusiveevidence of the title of the State tothat land; or

(b) where that Order is in regard to thesubjection of a particular land to aparticular servitude, that Ordershall be received in all courts asconclusive evidence that such landis subject to such servitude, andthat such servitude, may be utilizedfor the public purpose for which itwas acquired.

(a) if the provisions or any of theprovisions of section 4 have notbeen complied with prior to themaking of the Order it shall not benecessary to comply with thoseprovisions or such of thoseprovisions as have not already beencomplied with;

(b) if a declaration under section 5 hasnot been made prior to the makingof such Order, a declaration shallbe made and published in terms ofthat section notwithstanding that allor any of the provisions of section 4have not been complied with; and

(c) notwithstanding that such Ordertakes effect as provided in section40, all the provisions of this Actshall, save as hereinbefore in thissection provided, apply in theaforesaid case in like manner asthey apply in the case of a land orservitude which is to be acquired.

42. (I) No officer shall, under section Possession.

40, take possession of any occupied buildingor any part of an occupied building withoutgiving the occupier of the building at leastforty-eight hours' notice of the intention todo so.

(2) Where any officer directed by anOrder under section 38 to take possession ofany land is unable or apprehends that hewill be unable to take possession of thatland because of any obstruction orresistance which has been or is likely to beoffered, such officer shall, on his making anapplication in that behalf to theMagistrate's Court having jurisdiction. overthe place where that land is situated, beentitled to an order of that court directingthe Fiscal to deliver possession of that landto him for and on behalf of the State.

(3) Where an order under subsection (2)is issued to the Fiscal by a Magistrate'sCourt, he shall forthwith execute that orderand shall in writing report to that court themanner in which that order was executed.

XI/359


Access tounacquiredportion ofland.

Vesting of landin localauthority orother body.[§ 15,28 of1964.]

(4) For the purpose of executing anorder issued by a Magistrate's Court undersubsection (2), the Fiscal or any personacting under his direction may use suchforce as may be necessary to enter the landto which that order relates and to eject anyperson in occupation of that land and todeliver possession of that land to the officerwho is authorized to take possession of thatland for and on behalf of the State.

43. Where a portion of a building isacquired under this Act and possessionthereof is taken by an officer for and onbehalf of the State, that officer or any otherofficer authorized by him in that behalfmay, together with such persons, vehicles,animals and implements as may benecessary, enter the premises on which therest of that building stands for the purposeof demolishing the acquired portion of thatbuilding.

44. (1) Where any land which IS

required for the purposes of any localauthority or of any other person or body ofpersons is, in pursuance of this Act or anyother written law, acquired under this Actfor such purposes, the acquiring officer ofthe district in which that land is situatedshall, after possession of that land has beentaken for and on behalf of the State, by acertificate issued under his hand, vest thatland in such local authority or such personor body of persons, as the case may be,subject to such conditions or restrictions asmay be specified in the certificate.

(2) Where any land which is required forthe purposes of any local authority or ofany other person or body of persons-

(a) was, in pursuance of any otherwritten law, acquired for suchpurposes under the LandAcquisition Ordinance repealed byAct No.9 of 1950; and

(b) was taken possession of under thatOrdinance for and on behalf of theState but is not on the date onwhich this Act comes into forcevested in such local authority orsuch person or body of persons, asthe case may be,

that land may be so vested in the mannerprovided by subsection (1).

PART VI

ASSESSMENT OF COMPENSATION

45. (1) For the purposes of this Act the Market value.

market value of a land in respect of which anotice under section 7 has been publishedshall, subject as hereinafter provided, be theamount which the land might be expected tohave realized if sold by a willing seller in theopen market as a separate entity on the dateof publication of that notice in the Gazette:

Provided that, in determining thatamount, all such returns and assessments ofincome from, or of the capital or annualvalue of, that land as have been made oracquiesced in by the owner of that land forthe purposes of any rate or tax imposed inrespect of that land, shall be taken intoconsideration.

(2) For the purposes of this Act themarket value of a servitude shall-

(a) where it is a new servitude which isto be created by its acquisitionunder this Act, be the amount bywhich the market value of theservient tenement of the servitudewill be diminished by the creationof the servitude, or

(b) where it is an existing servitudewhich is to be extinguished by theacquisition of the servitude and itsservient tenement under this Act, bethe amount by which the marketvalue of the dominant tenement ofthe servitude will be diminished bythe extinction of the servitude.

(3) Where any portion of a land which isto be acquired under this Act is situatedwithin any street lines or building limitdefined by or under any other written law,the market value of that portion shall be themarket value which that portion would haveif it does not fall within such street lines orbuilding limit.

XI/360


Assessment ofcompensation.

46. (I) The amount of compensationto be paid under this Act to any personinterested in a land shall-

(0) where the compensation is for theacquisition of that land, be basedon the market value of that land, or

(b) where the compensation is for theacquisition of a servitude over thatland, be based on the market valueof that servitude,

and shall be proportionate to his interest inthat land. No additional compensation shallbe allowed to him in consideration of thecompulsory nature of the acquisition, but,where it is the land which is to be acquired,he shall be entitled to-

(i) compensation for any damagesustained by reason of the severanceof the land from his other land, theseverance being deemed to occur onthe date on which the notice undersection 7 in. respect of the land 1S

published in the Gazette;

(ii) compensation for any damagesustained by reason of theacquisition of the land injuriouslyaffecting, in any manner other thanthat mentioned in paragraph (i), hisadjoining land or any immovableproperty thereon, the injuriousaffection being deemed to occur onthe aforesaid date;

(iii) compensation for any such loss ofearnings from any business carriedon on the land on the aforesaid dateas may be caused by the acquisitionof the land; and

(iv) any reasonable expenses of effectingany change of residence necessarilycaused by the acquisition of theland:

Provided that-

(0) the total amount of thecompensation under paragraph (i)

and paragraph (ii) of this subsectionshall not exceed twenty per centumof the market value of the land tobe acquired;

(b) the amount of the compensationunder paragraph (iii) of thissubsection shall not exceed threetimes the average annual net profitsfrom the business, as shown by thebooks of accounts, for the threecalendar years immediatelypreceding the date on which thenotice under section 7 in respect ofthe land is published in theGazette; and

(c) no compensation shall be allowedunder paragraph (iii) of thissubsection if the business is the saleor disposal of the produce of theland to be acquired.

(2) Where any premises which are to beacquired under this Act are, and but fortheir compulsory acq uisition wouldcontinue to be, devoted to a purpose of sucha nature that there is no general demand ormarket for land for that purpose, thecompensation payable in respect of thosepremises under this Act may, if theacquiring officer assessing the compensationis satisfied that the persons interested inthose premises genuinely intend, when thosepremises are acquired, to provide for theaforesaid purpose premises equallyconvenient as the acquired premises, beassessed on the basis of the reasonable costof providing for that purpose premisesequivalent to those which are to be acquiredunder this Act.

46A. In determining under section 46the compensation to be paid to any personfor the acquisition of any land, no accountshall be taken of any improvements madeon the land by the State whether before orafter the date of commencement of this Act.

47. Where the compensation assessed undersection 46 is for the acquisition of only apart of any land, the amount by which themarket value of the remaining part of that

Improvementsmade by Stateto be ignoredin determiningcompensationfor acquisitionof land.[§ 16,28 of1964.]

Deduction.

XI/361


land is likely to increase by reason of suchacquisition shall be deducted from theamount of such compensation, the amountof the deduction being not more than twentyper centum of the market value of such partof that land as is acquired under this Act.

Matters to be 48. In determining under section 46 theignored. compensation to be paid to any person for

the acquisition of a land or servitude, noneof the following matters shall be taken intoconsideration :-

(0) the degree of urgency which has ledto the acquisition of the land orservitude under this Act;

any Government department orlocal authority or of any body ofpersons constituted by or under anyother written law;

(h) the amount of any such increase inthe market value of the land as hasbeen caused by the use thereof or ofany premises thereon in a mannerwhich can be restrained by anycourt or is contrary to law or isdetrimental to the health of theinmates of the premises or to thepublic health.

PART VII

(b)

(c)

(d)

(e)

(j)

(g)

his disinclination to part with hisinterest in the land or to allow theacquisition of the servitude;

any damage sustained by him which,if caused by a private person, wouldnot render such person liable to asuit;

any damage which, after the awardof compensation, is likely to becaused by or in consequence of theuse to which the land or servitudewill be put after its acquisitionunder this Act;

any increase which is likely to occurin the market value of the land byreason of the use to which it will beput after its acquisition under thisAct;

any outlay or improvement made orcommenced on the land after thenotice under section 4 in respect ofthe land was given or exhibitedunless such outlay or improvementwas reasonably for the purpose ofmaintaining or preserving the landor any plantation, building, fixture,or machinery thereon;

the special suitability or adaptabilityof the land for any purpose towhich it could be applied onlyunder statutory powers or for whichthere is no market apart from thespecial needs of a particularpurchaser or the requirements of

GENERAL

49. Where any other written lawauthorizes the acquisition of land under thisAct and the Minister decides that any landis reasonably required under such otherwritten law by any authority, person orbody of persons; the purpose for which thatland is required shall be deemed to be apublic purpose and the provisions of thisAct shall apply accordingly to theacquisition of that land for that authority,person or body of persons.

49A. (I) Where any land is requiredfor any purpose of a public corporation andthe acquisition of such land for that purposeunder this Act is not authorized by anyother written law, the Minister to whom thesubject of that corporation has beenassigned under the Constitution may, byOrder published in the Gazette, declare thatsuch land is so required, and upon suchpublication that purpose shall be deemed tobe a public purpose, and the provisions ofthis Act shall apply accordingly to theacquisition of such land for thatcorporation.

(2) For the purposes of this section, theexpression .. public corporation" means acorporation which was, or is, establishedwith capital wholly or partly provided bythe Government.

50. (I) The proceedings commencedunder this Act for the acquisition of anyland or servitude may, at any time before anOrder under section 38 in respect of that

Compulsoryacquisitionsauthorized byany otherwritten law.

Acquisition ofland for thepurposes ofa publiccorporation.[§ 17,28 of1964.]

Abandonmentof acquisitionproceedings.

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55. The Chi ef Val u e r 0 f the Powers ofGovernment, or any officer authorized by Chief Valuer

and his agents.him in that behalf, may-

(b) inspect any such land after givingwritten notice of the inspection tothe owner or occupier of the land,and

(a) examine any such record, documentor plan kept at the office of a localauthority as relates to any landwhich is to be acquired under thisAct or is comparable with any landwhich is to be so acquired,

(c) require any person who is or was atany time the owner or occupier ofany such land to render to him, onor before the date specified in therequisition (such date not beingearlier than the fourteenth day afterthe date of the requisition), areturn, on such form as he maysupply to that person, setting outparticulars in respect of suchprescribed matters within theknowledge of that person as may bespecified in the form.

Informality orirregularity.

Limitation ofdoctrine ofres adjudicata.

53. No informality or irregularityoccurring in any matter or proceedingsunder this Act shall invalidate or affect thetitle of the State to any land acquired underthis Act.

(ii) in the absence of such anoccupier, it is exhibited In

some conspicuous places onor near that land.

54. Where in any proceedings in a courtunder this Act the court makes adetermination of the question of title to aland under such circumstances that in anysubsequent legal proceedings suchdetermination would be deemed to beres adjudicata as between the parties tothe first-mentioned proceedings, suchdetermination shall not operate as resadjudicata except so far as it relates to suchportion of that land as has been actuallyacquired under this Act.

52. Where this Act requires a noticerelating to a land to be given to any personinterested in that land, that notice shall bedeemed to be given to him if-

(b) where his address is not known-

(a) where his address is known, it is sentby registered letter through the postto him at that address, or

(2) This section shall apply to anydecision made under section 4, anydeclaration made under section 5, and anyOrder made under section 38.

51A. ( I) W her e any dec i s ion,declaration or Order to which this sectionapplies, and any act or thing done under orin consequence of such decision, declarationor Order is called in question in any courtwhether by way of action, appeal,application in revision or any applicationfor an order in the nature of a writ referredto in Articles 140 and 141 of theConstitution, such court shall give thehighest priority to the hearing and disposalof such action, appeal or application, andfor that purpose shall ordinarily hear anddispose of such action, appeal or applicationbefore all other business or cases pending orbeing heard or disposed of by such court.

51. Any order, declaration or directionof the Minister under this Act may besignified under the hand of the Secretary orany Assistant Secretary to the Ministry.

land or servitude is published in the Gazette,be abandoned.

(2) Where the proceedings commencedunder this Act for the acquisition of anyland or servitude are abandoned after aperson interested in the land which is to beacquired or over which the servitude is to beacquired, has incurred costs by reason ofany proceedings taken under this Act in anycourt or before the board, the Governmentshall pay to that person the amount of thosecosts as determined by that court or theboard.

Notices.

Order;direction ordeclaration ofMinister.

Certain actionsunder this Actbefore anycourt to begiven priority.[§ 2, 20 of1969.]

(i) it is sent by registered letterthrough the post to anyoccupier of that land, or

56. (1) After such date as may be Registeredappointed by the Minister by notice valuers.

Xl/363

Cap. 295] LAN~ ACQUISITION

Rights ofpersonslawfullyentitled to landacquired underthis Act.

Wantondamage to landduringinvestigation.

Omission togiveinformation orgiving falseinformation.

published in the Gazette, the opinion,regarding the value of any land which is tobe acquired under this Act, of any personother than a person who is or is deemed tobe a registered valuer, shall not, at anyproceedings before the board, be regardedas the opinion of an expert.

(2) For the purposes of subsection (I),every valuer of the Valuation Department ofthe Government shall be deemed to be aregistered valuer.

(3) In this section, "registered valuer"means a valuer registered in accordancewith such regulations as may be made undersection 63 for the registration of valuers.

57. ( I) Nothing contained in this Actshall affect the right of any person who islawfully entitled to any compensation whichis paid under this Act to any other person torecover that compensation from that otherperson.

(2) Where in lieu of compensation forany land acquired under this Act any otherland which ·is the property of the State istransferred to any person under section 36,any other person who is lawfully entitled tothe land acquired under this Act shall,except as against a bona fide purchaser forvalue without notice, have the same rightfor the recovery of the land transferred tothe first-mentioned person as that otherperson would have had for the recovery ofthe land acquired under this Act before theacquisition; and nothing in this Act shall bedeemed to prejudice any right to damages orany other remedy of that other personagainst the first-mentioned person.

58. Where any officer empowered bysubsection (3) of section 2 to enter any landwantonly causes any damage to that land orto anything thereon, he shall be deemed tocommit the offence of mischief within themeaning of the Penal Code and shall beliable to the punishment prescribed for thatoffence in that Code.

59. Every person required to make ordeliver a statement under section 8 or torender a return under section 55 shall bedeemed to be legally bound to do so within

the meaning of sections 174 and 175 of thePenal Code.

60. A person who fails to comply with asummons served on him under subsection(3) of section 9 shall, unless his failure tocomply with such summons was due to hisillness or to any other cause beyond hiscontrol, be guilty of an offence punishablewith a fine not exceeding fifty rupees.

61. A person who, upon examination onoath or affirmation at an inquiry held undersection 9, wilfully gives false evidence shallbe guilty of the offence of giving falseevidence under Chapter XI of the PenalCode and shall be liable to the punishmenttherein prescribed.

62. Nothing contained in this Act shallbe deemed to affect the provisions of theTemple Lands (Compensation) Ordinance.

63. (I) The Minister may makeregulations for the purpose of carrying outor giving effect to the principles andprovisions of this Act.

(2) In particular and without prejudiceto the generality of the powers conferred bysubsection (I), the Minister may makeregulations for or in respect of all or any ofthe following matters :-

(a) all matters stated or required by thisAct to be prescribed;

(b) the making of such amendments inany' other written law as areconsequential to the provisions ofthis Act;

(c) the form of any order, notice,certificate, declaration or agreementissued or made under this Act;

(d) the procedure to be followed atmeetings of the board;

(e) the evidence which may be requiredor admitted in any proceedingsbefore the board;

if) the basis of assessing the marketvalue of any land or thecompensation for any injurious

Noncompliancewith summons.

False evidence.

Temple LandsCompensationOrdinance notto be affectedby this Act.

Regulations.

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Certain matterspending underLandAcquisitionOrdinance,1876, to bereferred toboard ofreview.

affection caused by the acquisitionof any land under this Act, in so faras such basis is not specified in thisAct;

(g) the registration of valuers.

(3) No regulation made by the Ministerunder this section shall have effect until it isapproved by Parliament. Notice of theapproval of any regulation by Parliamentshall be published in the Gazette.

(4) Where a regulation made by theMinister under this section is approved byParliament and notice of the approval ispublished in the Gazette, that regulationshall be valid and effectual as if it wereherein enacted.

64. Where any proceedings under theLand Acq uisition Ordinance, 1876,*whether those proceedings are proceedingsinstituted in a District Court under section11 of that Ordinance or are any otherproceedings, are pending or incompleted onthe date on which this Act comes into forceand the only question for determination inthose proceedings is in regard to theamount of compensation payable to anyperson or persons, that question shall, if anyparty to those proceedings who is interestedin that question so desires, be referredto the board of review for determination;and the board shall, notwithstandinganything to the contrary in this Act, hearand determine that question inaccordance with the provisions of this Actas though that question were an appealmade to, and entertained by, the boardunder this Act.

" land" includes any interest in, or anybenefit to arise out of, any land,and any leasehold or otherinterest held by any person in anyState land, and also things attachedto the earth or permanentlyfastened to anything attached to theearth;

"local authority" means any MunicipalCouncil, Urban Council, TownCouncilor Village Council, or anyother institution which mayhereafter be established by law forpurposes of local self-governmentwith power to impose and levy arate on property;

" Minister" means the Minister whois for the time being charged withthe administration of the subjectsand functions relating to Statelands;

"person interested ", with reference to aland, means a person having aninterest in the land as owner,co-owner, mortgagee, lessee orotherwise, whether absolutely forhimself or in trust for any otherperson or for any charitable,religious or other purpose; or aperson having a servitude over theland; but does not include a tenant [§ 18,28 of

on a monthly tenancy; 1964.]

"prescribed" means prescribed byregulation made under this Act;

Interpretation. 65. In this Act, unless the contextotherwise requires-

"public purpose" includes a purposewhich, under this Act or any otherwritten law, is deemed to be apublic purpose; and

[§ 18,28 of1964.]

" acquiring officer ", with reference to anyland, means the Government Agentor Assistant Government Agent. ofthe administrative district in whichthat land is situated, or any otherprescribed officer;

• Repealed by Act No.9 of 1950.

" Secretary" means the Secretaryto the Ministry in charge of the [§ 18,28 of

Minister, and includes any 1964.]

Additional Secretary to thatMinistry.

xrrsss

Documents

LAND ACQUISITION [Cap. 295 CHAPTER 295 - Faolexextwprlegs1.fao.org/docs/pdf/srl13617.pdf · acts nos. 9 of 1950, 39 of 19.54, 22 of 1955, 28 of 1964, 20 of 1969, 48 of 1971, 8 of