LAND ACQUISITION

(1) Where the Minister decides that land in any area is needed for any public purpose, he may direct the acquiring officer of the district in which that area lies to cause a notice in accordance with subsection (2) to be exhibited in some conspicuous places in that area.

(2) The notice referred to in subsection (1) shall be in the Sinhala, Tamil and English languages and shall state that land in the area specified in the notice is required for a public purpose and that all or any of the acts authorized by subsection (3) may be done on any land in that area in order to investigate the suitability of that land for that public purpose.

(3) After a notice under subsection (2) is exhibited for the first time in any area, any officer authorized by the acquiring officer who has caused the exhibition of that notice, or any officer acting under the written direction of the officer authorized as aforesaid, may enter any land in that area, together with such persons, implements, materials, vehicles and animals as may be necessary, and”

Provided that no officer, in the exercise of the powers conferred on him by the preceding provisions of this subsection, shall enter any occupied building or any enclosed court or garden attached thereto unless he has given the occupier of that building at least seven days’ written notice of his intention to do so.

(1) Where any officer empowered by subsection (3) of section 2 to enter any land causes any damage to that land or to anything thereon by doing on that land any of the acts which he may do under that subsection, he shall assess the amount of compensation for that damage and shall, if that land is owned by more than one person, determine the apportionment of that amount among the owners of that land. Such officer shall give the owner or owners of that land written notice of the amount of compensation assessed by him and of any such apportionment of that amount as may have been determined by him.

(2) If any person who is entitled to receive the whole or a portion of the amount of compensation assessed in respect of any land under subsection (1) and specified in a notice under that subsection, is dissatisfied with such amount or with the apportionment of such amount, he may, within fourteen days reckoned-

make a written appeal to the acquiring officer of the district in which that land is situated against the assessment or apportionment of compensation referred to in such notice.

(3) Where an acquiring officer allows an appeal made to him under subsection (2), he shall make a fresh assessment and apportionment of compensation or shall confirm the amount of compensation assessed under subsection (1) and make a fresh apportionment of that amount. The decision of such acquiring officer on such appeal shall be final.

(4) The officer who issues a notice under subsection (1) shall –

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

(5) Where the person to whom any sum is payable as compensation under this section is a minor or is of unsound mind or declines to accept that sum when it is tendered to him or is dead or cannot be found after diligent search, that sum shall be paid in accordance with the provisions of section 32 or section 33.

(1) Where the Minister considers that a particular land is suitable for a public purpose, or that a particular servitude over a particular land should be acquired for a public purpose, he shall direct the acquiring officer of the district in which that land is situated to cause a notice in accordance with subsection (3) to be given to the owner or owners of that land and to be exhibited in some conspicuous places on or near that land:

Provided however that it shall not be necessary to give a notice under the preceding provisions of this subsection to the owner or any owner of land whose name and address cannot be found or ascertained.

(2) The Minister may issue a direction under the preceding provisions of this section notwithstanding that no notice has been exhibited as provided by section 2, and, where he issues such a direction to any acquiring officer, the provisions of subsection (3) of section 2 shall apply in regard to the land to which that direction relates in like manner as those provisions would have applied if that acquiring officer had caused a notice under section 2 to be exhibited in the area in which that land is situated.

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

(4) Where a notice relating to the intended acquisition of a land or of a servitude over a land is exhibited under subsection (1) and objections to such acquisition are made to the appropriate Secretary by any of the persons interested in the land within the time allowed therefor by the notice, the appropriate Secretary shall consider such objections or direct an officer to consider such objections on his behalf and to make recommendations to him. When such objections are considered every objector shall be given an opportunity of being heard in support thereof. After the consideration of the objections the appropriate Secretary shall make his recommendations on the objections to the Minister in charge of the Ministry specified in the notice (hereafter in this section referred to as the ” appropriate Minister “), and such Minister shall, after considering such recommendations, make his own recommendations on the objections to the Minister.

(5) When the time allowed by a notice under this section for making objections to the intended acquisition of the land or servitude referred to in the notice has expired and, where any such objections have been made within such time, after the Minister has considered the appropriate Minister’s recommendations on those objections, the Minister shall, subject to the provisions of subsection (6), decide whether that land or servitude should or should not be acquired under this Act.

(6) A decision shall not be taken under subsection (5) to acquire only a part of a building if the owner of the building desires that the whole of the building should be acquired under this Act, unless such part can be severed or demolished without serious detriment to, or seriously affecting the amenities of, the building.

For the purposes of this subsection, ” building” includes land which, being necessary for the convenient use and occupation of the building, would pass by a devise of the building.

(1) Where a notice has been issued or exhibited in respect of any land under section 2 or section 4, no owner of that land shall, during the period of twelve months after the date of the issue or exhibition of such notice,-

(2) Any sale or other disposal of land in contravention of the provisions of subsection (1) (a) of this section shall be null and void.

(3) Any person who contravenes the provisions of subsection (1) (b) of this section shall be guilty of an offence punishable with a fine not exceeding one thousand rupees.

(1) Where the Minister decides under subsection (5) of section 4 that a particular land or servitude should be acquired under this Act, he shall make a written declaration that such land or servitude is needed for a public purpose and will be acquired under this Act, and shall direct the acquiring officer of the district in which the land which is to be acquired or over which the servitude is to be acquired is situated to cause such declaration in the Sinhala, Tamil and English languages to be published in the Gazette and exhibited in some conspicuous places on or near that land.

(2) A declaration made under subsection (1) in respect of any land or servitude shall be conclusive evidence that such land or servitude is needed for a public purpose.

(3) The publication of a declaration under subsection (1) in the Gazette shall be conclusive evidence of the fact that such declaration was duly made.

(1) The acquiring officer referred to in subsection (1) of section 5 shall cause a notice in accordance with subsection (2) of this section to be published in the Gazette in the Sinhala, Tamil and English languages and, where in his opinion the value of the land mentioned in the declaration made under that section exceeds five hundred rupees, in a Sinhala newspaper, a Tamil newspaper and an English newspaper circulating in Sri Lanka, and shall also cause that notice in those languages to be exhibited in some conspicuous places on or near that land.

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

(3) Notwithstanding anything in the preceding provisions of this section, any notice required by those provisions to be published in the newspapers may merely specify the land or servitude which is intended to be acquired and refer to any such Gazette as may be specified in the notice for full particulars relating to such acquisition.

(4) Where an acquiring officer who causes the publication of a notice under this section in respect of any land is satisfied that any person interested in that land is a minor or is of unsound mind and has no authorized agent to act on his behalf as provided in that notice, such officer may, either of his own motion or on application made by or on behalf of such person, authorize a fit and proper person to be such agent.

(1) Where a notice under section 7 in respect of any land is published, the acquiring officer of the district in which that land is situated shall, on the date on which and at the time and place at which persons interested in that land are directed by that notice or in accordance with the proviso to section 7 (2) (c) to appear before him, hold an inquiry into-

(2) The acquiring officer conducting an inquiry under subsection (1) may adjourn the inquiry from time to time and may hold the inquiry at different places on different dates. On every occasion on which he adjourns such inquiry, he shall notify the date on which and the time and place at which the inquiry will be resumed to such claimants for compensation and such agents of claimants for compensation, as are present on that occasion.

(2A) Where any inquiry under subsection (1) which has been adjourned cannot be resumed on the date notified under subsection (2) to such of the claimants for compensation and their agents as were present on the occasion on which the inquiry was adjourned, the acquiring officer holding the inquiry may from time to time postpone the date of its resumption. Notice of the date to which the resumption of the inquiry is postponed and the time and place at which the inquiry will be resumed shall be sent by registered post to the aforesaid claimants and agents so as to reach them at least seven days before that date.

(3) The acquiring officer conducting an inquiry under subsection (1) may by a summons under his hand require”

(4) A summons to any person under subsection (3) shall be served on him in the same manner as is provided by the Civil Procedure Code for the service of summons in a civil suit.

(5) The examination of any witness at any inquiry under this section shall be on oath or affirmation administered by the acquiring officer holding the inquiry.

(6) An acquiring officer who holds an inquiry under this section shall make a summary of the evidence given by each witness and cause a certified copy of each document produced in evidence to be furnished.

(1) At the conclusion of an inquiry held under section 9, the acquiring officer holding the inquiry shall either-

(2) A claimant whose claim is wholly or partly disallowed, or a party to a dispute which is determined, by the decision of an acquiring officer under subsection (1) may, within fourteen days of the service on him of notice of the decision, make application to that acquiring officer for the reference of the claim or dispute, as the case may be, for determination as hereinafter provided; and that acquiring officer shall make a reference accordingly.

(3) Every reference under the preceding provisions of this section shall be made to the District Court or the Primary Court having jurisdiction over the place where the land which is to be acquired or over which a servitude is to be acquired is situated, according as the total amount of the claims for compensation for the acquisition of the land or servitude exceeds or does not exceed one thousand five hundred rupees.

(4) In every case in which a reference is made to the District Court or to the Primary Court as hereinbefore provided, the acquiring officer shall defer the making of his award under section 17 in respect of the land or servitude to which such reference relates until a determination on such reference is made by that court or, in the event of an appeal under section 14, by the Court of Appeal.

(5) Where an acquiring officer makes a decision on any claim or dispute under subsection (1), and the claim or dispute is not referred for determination as provided in subsection (3), the decision shall be final.

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

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

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

(d) a plain and concise statement of the claim or dispute which is to be determined by the court; and

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

(1) The proceedings in a court on a reference made to it under section 10 shall be subject to the procedure provided by the Civil Procedure Code for civil suits.

(2) No stamp duty shall be required for any proceedings referred to in subsection (1).

(3) All such proceedings in a court as are referred to in subsection (1) shall be taken up before any other business of that court unless special circumstances of urgency in such other business render it impossible to do so.

(4) The decision of a District Court or a Primary Court on a reference made to it under section 10 shall, if no appeal against that decision is made to the Court of Appeal under section 14, be final.

(1) The court to which a reference is made under section 10 may award to any party to that reference an amount determined by the court as his costs of the proceedings relating to that reference.

(2) All such costs awarded to an acquiring officer under subsection (1) as are not deducted in the manner provided by section 30 may be recovered as if they were costs incurred in a civil suit.

(1) Where the plaintiff or any defendant in a reference made under section 10 to a District Court or a Primary Court is dissatisfied with the decision of that court on that reference, he may appeal against that decision to the Court of Appeal.

(2) Every appeal under subsection (1) shall be presented within the time and in the manner provided by the Civil Procedure Code for appeals against decrees in civil suits.

(3) No stamp duty shall be required in any proceedings before the Court of Appeal relating to an appeal under subsection (1).

(4) The Court of Appeal may award to any party to an appeal made under subsection (1) an amount determined by that court as his costs of the proceedings relating to that appeal.

(1) Where no person interested in a land in respect of which a notice under section 7 has been published appears, personally or by agent duly authorized in writing, on the day on which and at the time and place at which persons interested in that land are directed by that notice or in accordance with the proviso to section 7 (2) (c) to appear, the acquiring officer of the district in which that land is situated shall postpone the inquiry required by section 9 to be held on that day to a date not earlier than the fourteenth day after the aforesaid day and shall cause to be exhibited in some conspicuous places on or near that land, for the first time on a day not later than the seventh day before the date to which that inquiry is postponed, a notice in the Sinhala, Tamil and English languages-

(2) Where an inquiry which is to be held by an acquiring officer in respect of any land under section 9 is postponed under subsection (1) to any date, he shall hold the inquiry on that date or any other date or dates to which the inquiry may be adjourned under subsection (2) of section 9, and shall make his award in respect of that land under section 17, whether the persons interested in that land attend the inquiry or not.

(1) An acquiring officer shall entertain and inquire into any claim to any right, title or interest to, in or over the land which is to be acquired or over which a servitude is to be acquired, made in writing at any time before the conclusion of an inquiry held by him under this Act, notwithstanding that such claim is made after the expiry of the time allowed therefor by any other provision of this Act; and accordingly such other provisions of this Act as are applicable to claims, other than those relating to the time within which claims may be made, shall apply in relation to such claims.

(2) An acquiring officer shall entertain and inquire into any claim to any right, title or interest to, in or over the land which is to be acquired or over which a servitude is to be acquired, made orally at any time after the commencement and before the conclusion of an inquiry held by him under this Act, notwithstanding that such claim is made after the expiry of the time allowed therefor by any other provision of this Act and is not made in writing; and accordingly such other provisions of this Act as are applicable to claims, other than those relating to the time within which claims may be made and requiring claims to be made in writing, shall apply in relation to such claim.

(3) When a claim is made orally to an acquiring officer as provided in the preceding provisions of this subsection, he shall make a record of that claim.

(1) The acquiring officer who holds an inquiry under section 9 shall, as soon as may be after his decisions under section 10 have become final as provided in that section or after the final determination of any reference made under that section and subject to the other provisions of this section, make an award under his hand determining”

Such acquiring officer shall give written notice of the award to the persons who are entitled to compensation according to the award.

(2) Where no person having any right, title or interest to, in or over the whole or any part of a land which is to be acquired or over which a servitude is to be acquired is known, then, in regard to the whole of the land or in regard to that part only, as the case may be, it shall not be necessary to determine in the award under this section the matters specified in paragraphs (a), (b), (c) and (e) of subsection (1) and to comply with the provisions of that subsection relating to notice of the award.

(3) Where a claimant for compensation has notified his claim to the acquiring officer within the time allowed therefor by this Act, the amount of compensation awarded to that claimant under subsection (1) shall not exceed the amount of his claim.

(4) An award under subsection (1) shall, where a reference under section 10 has been made to a District Court or a Primary Court in respect of the land or servitude to which the award relates, accord with the decision of that court on that reference or, where an appeal against that decision has been made to the Court of Appeal with the decision of the Court of Appeal on that appeal.

(1) Where in the course of any proceedings for the acquisition of any land or servitude under this Act it is found that there has, at any stage of such proceedings, been an inadvertent failure or omission on the part of the acquiring officer to comply with any provision of Part I or Part II of this Act relating to such proceedings, the acquiring officer may supply such failure or omission at any time prior to the making of his award under section 17 ; and thereupon any such proceedings as may have been taken under that Part after the stage aforesaid shall be deemed to be null and void and fresh proceedings shall be taken under the Act as from the said stage.

(2) Where an acquiring officer considers it necessary so to do for the purpose of supplying any failure or omission on his part in the course of any proceedings for the acquisition of any land or servitude under this Act to inquire into any matter which should have been inquired into by him at the inquiry held under section 9, he may reopen that inquiry at any time prior to the making of his award under section 17.

(1) For the purpose of hearing appeals in the manner hereinafter provided, there shall be a board of review (hereinafter referred to as the ” board “) consisting of sixteen members who shall be appointed from time to time by the President.

(2) Eight members of the board (hereinafter referred to as the ” lawyer members”) shall be attorneys – at -law with not less than ten years’ professional experience and the other eight members of the board (hereinafter referred to as the ” valuer members “) shall be persons having adequate knowledge of the valuation of land.

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

(4) Every member of the board shall, unless he earlier vacates office or is removed by the President therefrom, hold office for a period of three years. Any member of the board who vacates office by effluxion of time shall be eligible for reappointment.

(5) The Minister shall, before making any recommendation to the President in regard to the exercise of the powers conferred on the President by this section, obtain the advice of the members for the time being of the Judicial Service Commission.

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

(1) The secretary shall, under the direction of the chairman of the board, convene meetings of the board at which appeals are to be heard.

(2) The chairman or vice-chairman, two lawyer members and two valuer members of the board shall be summoned to an ordinary meeting of the board. Such lawyer members and such valuer members shall be chosen by lot by the secretary. The quorum for an ordinary meeting of the board shall be three members of whom at least one shall be a valuer member.

(3) All the members of the board shall be summoned to an extraordinary meeting of the board. The quorum for an extraordinary meeting of the board shall be two lawyer members and three valuer members.

(3A) The chairman of the board shall preside at every ordinary meeting of the board to which he is summoned and at which he is present. The vice-chairman of the board shall preside at every ordinary meeting of the board to which he is summoned and at which he is present. In the absence of the chairman or vice-chairman of the board from any ordinary meeting to which he is summoned, the members of the board summoned to and present at that meeting shall choose from among themselves a chairman for that meeting.

(4) The chairman of the board shall preside at every extraordinary meeting of the board. In the absence of the chairman from an extraordinary meeting of the board, the vice-chairman of the board shall preside at that meeting. In the absence of both the chairman and the vice-chairman of the board from an extraordinary meeting of the board, the members of the board summoned to and present at the meeting shall choose from among themselves a chairman for the meeting.

(5) A member of the board who is interested in the subject-matter of an appeal made to the board or who has been consulted as an attorney-at-law or as a valuer in regard to that matter by or on behalf of the person interested therein shall not participate in a meeting of the board at which that appeal is heard.

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

(1) A person to whom compensation is allowed by an award under section 17 and who has notified his claim for compensation to the acquiring officer within the time allowed therefor by this Act, may appeal to the board against that award on the ground that the amount of the compensation allowed to him is insufficient:

Provided that-

the board shall dismiss such appeal.

(2) Every appeal under this section shall-

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

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

(b) a list of the documents he intends to produce at that hearing in support of such appeal,

(1) Every appeal to the board shall be heard at an ordinary meeting of the board:

Provided that the chairman of the board may refer any appeal for hearing to an extraordinary meeting of the board.

(2) The secretary shall fix a date, time and place for the hearing of each appeal to the board and shall give twenty-one clear days’ notice thereof in writing to the appellant and the respondent in the appeal.

(3) The appellant and the respondent in an appeal to the board shall attend, personally or by agent or agents duly authorized in writing, the meeting of the board at which the appeal is heard. Where, for reasonable cause notified in writing to the chairman of the board, the appellant or the respondent is unable so to attend such meeting, the hearing of the appeal may be postponed.

(4) The chairman of the board and, in his absence, the person who is chairman of any meeting of the board shall, for the purposes of the hearing of any appeal by the board, have all the powers of a District Court”

(5) Section 142 of the Civil Procedure Code and section 132 of the Evidence Ordinance shall apply to a witness in any proceedings before the board as though those proceedings were proceedings before a civil court.

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

(1) The decision made at a meeting of the board on an appeal heard at that meeting shall be deemed to be the decision of the board on that appeal.

(2) Where the members of the board who hear an appeal disagree with regard to the decision on the appeal, the decision of the majority of them shall be the decision of the board on the appeal, and, where the members are equally divided in their opinion, the decision supported by the chairman of the meeting at which the appeal is heard shall be the decision of the board on the appeal.

(3) Where the board disallows an appeal against an award made under section 17, the decision on the appeal shall confirm or reduce the amount of compensation allowed to the appellant by that award.

(4) Where the board allows an appeal against an award made under section 17, the decision on the appeal shall determine the amount of compensation payable to the appellant:

Provided that the board shall not allow as compensation to the appellant an amount which exceeds the amount of the claim for compensation which he had originally notified to the acquiring officer who made such award.

(5) Every decision of the board shall contain the reasons therefor.

(1) The decision of the board on an appeal made to it shall, unless for special reason the board directs otherwise, contain an order as to the person who is to pay the costs of the proceedings relating to the appeal and shall determine the amount of such costs.

(2) All such costs allowed to an acquiring officer under subsection (1) on an appeal against an award under section 17 as are not deducted in the manner provided by section 30 may be recovered as if they were costs incurred in a civil suit, and for that purpose the decision of the board by which the costs are allowed shall be deemed to be a decree of the District Court or the Primary Court having jurisdiction over the place where the land to which that award relates is situated, according as the total amount of the claims for compensation mentioned in that award exceeds or does not exceed one thousand five hundred rupees.

(1) Where a party to an appeal to the board is dissatisfied with the board’s decision on that appeal, he may, by written petition in which the other party is mentioned as the respondent, appeal to the Court of Appeal against that decision on a question of law:

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

(2) A petition of appeal under subsection (1) shall state the question of law to be argued, shall bear a certificate by an attorney-at-law that such question is fit for adjudication by the Court of Appeal, and shall be presented in duplicate to the board by the appellant within twenty-one days after the date of the board’s decision against which the appeal is preferred.

(3) When a petition of appeal is presented to the board in the manner and within the time specified in subsection (2), the secretary to the board shall-

(4) No stamp duty shall be required in any proceedings before the Court of Appeal relating to an appeal under subsection (1).

(5) Every appeal to the Court of Appeal under this section shall be heard and determined by any two Judges of that court. On determining the question of law on which an appeal is made to the Court of Appeal under this section, that court shall, in accordance with its decision on such question, confirm, reduce or increase the amount of compensation which has been confirmed or determined by the board’s decision against which that appeal has been preferred:

Provided that the Court of Appeal shall not allow as compensation to any person an amount which exceeds the amount of the claim for compensation which he had originally notified to the acquiring officer who made the award under section 17 in respect of the land or servitude to which that claim relates.

(a) the total amount of compensation payable to all the persons entitled to compensation in respect of such land, exceeds twenty-five thousand rupees, and

(b) such land is not situated within the administrative limits of any Municipal Council, Urban Council or Town Council, and

(c) such land does not, on the date on which the notice under section 7 is published in the Gazette, have on it any building which is used for any residential or business purpose,

(i) forthwith after the said award is made, a sum of twenty-five thousand rupees shall be divided among and paid to the persons who are entitled to compensation in respect of such land in the same proportion as that in which compensation has been apportioned among such persons in such award ; and

(ii) thereafter the balance compensation shall be divided among and paid to the said persons in the said proportion but in not more than ten equal installments, so however that the entire balance compensation is paid before the lapse of ten years from the date of payment of the said sum of twenty-five thousand rupees:

Provided further that, where the compensation for the acquisition of any premises devoted to a purpose referred to in subsection (2) of section 46 is assessed on the basis mentioned in that subsection, the payment of such portion of the compensation as is equal to thirty per centum of the compensation shall be deferred until the persons entitled thereto have actually provided for the aforesaid purpose premises equivalent to the first-mentioned premises.

(1) Where a sum not exceeding one hundred rupees is payable as compensation under this Act to any person who is a minor or a person of or is of unsound mind, that sum may, if he is a minor, be paid to him or, if he is a minor or is of unsound mind, be paid, for his benefit, to any other person who is maintaining him.

(2) Where any sum which is payable as compensation for the acquisition of a land or servitude under this Act to a person who is a minor or is of unsound mind exceeds one hundred rupees or is not paid in the manner permitted by subsection (1), that sum shall, for the benefit of that person, be paid into the District Court or the Primary Court having jurisdiction over the place where that land or the servant tenement of that servitude is situated, according as that sum exceeds or does not exceed one thousand five hundred rupees.

(1) If any person to whom compensation is payable under this Act for his interest in any land which is to be acquired or over which a servitude is to be acquired under this Act desires to renounce his right to such compensation, he shall make and sign a written declaration that he renounces such right. Such declaration shall be conclusive evidence that such person has renounced such right, and thereafter no person shall, save as provided in subsection (4), be entitled to claim compensation from the Government in respect of such interest.

(2) A declaration made by any person under subsection (1) shall state the amount of compensation which would have been paid to him by the Government if he had not renounced his right thereto.

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

(4) Where any person, other than the declarant in a declaration made under subsection (1), proves that he was entitled to such interest in the land to which that declaration relates as was claimed by that declarant, he shall be entitled to compensation from the Government in respect of such interest, but the amount of compensation payable to him shall not exceed the amount of compensation specified under subsection (2) in that declaration.

(1) Any person to whom compensation for the acquisition of any land is payable under this Act may enter into a written agreement with the acquiring officer of the district in which that land is situated to accept, in lieu of the whole or any part of such compensation, a transfer of any other land which is the property of the State. Such agreement shall be signed by that person and by that acquiring officer. The amount of compensation in lieu of which the transfer is accepted shall be specified in such agreement.

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

(3) Where any person accepts a transfer of any land made under an agreement executed under subsection (1), such transfer shall, for the purposes of this Act, be deemed to be payment of the compensation in lieu of which such transfer is accepted by that person. [* Subsection (4) of section 36 is omitted in view of section 2 of the Abolition of Fidei Commissa and Entails Act]

(a) where the award relates to the acquisition of any land, direct the acquiring officer of the district in which that land is situated, or any other officer authorized in that behalf by such acquiring officer, to take possession of that land for and on behalf of the State, or

(b) where the award relates to the acquisition of any servitude, declare that the land over which that servitude is to be acquired shall be subject to that servitude :

(a) where it becomes necessary to take immediate possession of any land on the ground of any urgency, at any time after a notice under section 2 is exhibited for the first time in the area in which that land is situated or at any time after a notice under section 4 is exhibited for the first time on or near that land, and

(b) where it becomes necessary immediately to acquire any servitude on the ground of any urgency, at any time after a notice under section 4 is exhibited for the first time on or near the land over which that servitude is to be acquired.

(1) Where any land is being acquired for the purposes of a local authority and the preliminary valuation of that land made by the Chief Valuer of the Government does not exceed the specified sum, the immediate possession of such land on the ground of urgency, within the meaning of the proviso to section 38, shall be deemed to have become necessary, and accordingly the Minister may make an Order of possession under section 38 of this Act.

(2) In subsection (1) “specified sum” means-

(3) The provisions of subsection (1) shall not be construed to limit in any way the powers of the Minister to make any Order of possession of any land on the ground of any urgency under section 38 of this Act which he may lawfully make under that section, whether such land is being acquired for the purposes of a local authority or not.

(4) In this section ” local authority” means a Municipal Council, Urban Council, Town Council or Village Council. [* New section 38A has been introduced in the course of the revision, and is based on section 32 of the Local Authorities (Special Provisions) Act, No. 48 of 1971]

(1) Notwithstanding that by virtue of an Order under section 38 (hereinafter in this section referred to as a ” vesting order “) any land has vested absolutely in the State, the Minister may, if possession of the land has not actually been taken for and on behalf of the State in pursuance of that Order, by subsequent Order published in the Gazette revoke the vesting order.

(2) Copies of any Order under subsection (1) shall be published in at least one Sinhala daily newspaper, one Tamil daily newspaper, and one English daily newspaper circulating in the area in which the land to which the Order relates is situated, and shall be exhibited in conspicuous places upon and in the vicinity of the land.

(3) Where a vesting order is revoked under this section, the land to which it relates shall be deemed never to have vested in the State by virtue thereof; and any question which might arise as to any right, title or interest to, in or over the land shall be determined accordingly.

(1) Notwithstanding that by virtue of an Order under section 38 (hereafter in this section referred to as a ” vesting Order”) any land has vested [§ 2, 8 of 1979] absolutely in the State and actual possession of such land has been taken for or on behalf of the State under the provisions of paragraph (a) of section 40, the Minister may, subject to subsection (2), by subsequent Order published in the Gazette (hereafter in this section referred to as a ” divesting Order “) divest the State of the land so vested by the aforesaid vesting Order.

(2) The Minister shall prior to making a divesting Order under subsection (1) satisfy himself that”

(3) Copies of any divesting Order made under subsection (1) shall be published in at least one Sinhala daily newspaper, one Tamil daily newspaper, and one English daily newspaper circulating in the area in which the land to which the Order relates is situated, and shall be exhibited in conspicuous places upon and in the vicinity of the land;

(4) The following provisions shall apply in any case where any land vested in the State by a vesting Order referred to in subsection (1) is subsequently divested by a divesting Order under the said subsection:-

(a) where that Order is in regard to the taking possession of a particular land, that land shall, by virtue of that Order, vest absolutely in the State free from all encumbrances with effect from the date on which that Order is so published, and any officer who is authorized to do so by that Order may, on or after that date, take possession of that land for and on behalf of the State, or

(b) where that Order is in regard to the subjection of a particular land to a particular servitude, that land shall be subject to that servitude, and that servitude may be utilized for the public purpose for which it was acquired, on and after the aforesaid date.

(a) where that Order is in regard to the taking possession of a particular land, that Order shall, for so long only as it is not subsequently revoked under section 39, be received in all courts as conclusive evidence of the title of the State to that land; or

(b) where that Order is in regard to the subjection of a particular land to a particular servitude, that Order shall be received in all courts as conclusive evidence that such land is subject to such servitude, and that such servitude, may be utilized for the public purpose for which it was acquired.

(a) if the provisions or any of the provisions of section 4 have not been complied with prior to the making of the Order it shall not be necessary to comply with those provisions or such of those provisions as have not already been complied with;

(b) if a declaration under section 5 has not been made prior to the making of such Order, a declaration shall be made and published in terms of that section notwithstanding that all or any of the provisions of section 4 have not been complied with ; and

(c) notwithstanding that such Order takes effect as provided in section 40, all the provisions of this Act shall, save as hereinbefore in this section provided, apply in the aforesaid case in like manner as they apply in the case of a land or servitude which is to be acquired.

(1) No officer Shall, under section 40, take possession of any occupied building or any part of an occupied building without giving the occupier of the building at least forty-eight hours’ notice of the intention to do so.

(2) Where any officer directed by an Order under section 38 to take possession of any land is unable or apprehends that he will be unable to take possession of that land because of any obstruction or resistance which has been or is likely to be offered, such officer shall, on his making an application in that behalf to the Magistrate’s Court having jurisdiction over the place where that land is situated, be entitled to an order of that court directing the Fiscal to deliver possession of that land to him for and on behalf of the State.

(3) Where an order under subsection (2) is issued to the Fiscal by a Magistrate’s Court, he shall forthwith execute that order and shall in writing report to that court the manner in which that order was executed.

(4) For the purpose of executing an order issued by a Magistrate’s Court under subsection (2), the Fiscal or any person acting under his direction may use such force as may be necessary to enter the land to which that order relates and to eject any person in occupation of that land and to deliver possession of that land to the officer who is authorized to take possession of that land for and on behalf of the State.

(1) Where any land which is required for the purposes of any local authority or of any other person or body of persons is, in pursuance of this Act or any other written law, acquired under this Act for such purposes, the acquiring officer of the district in which that land is situated shall, after possession of that land has been taken for and on behalf of the State, by a certificate issued under his hand, vest that land in such local authority or such person or body of persons, as the case may be, subject to such conditions or restrictions as may be specified in the certificate.

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

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

(1) For the purposes of this Act the market value of a land in respect of which a notice under section 7 has been published shall, subject as hereinafter provided, be the amount which the land might be expected to have realized if sold by a willing seller in the open market as a separate entity on the date of publication of that notice in the Gazette :

Provided that, in determining that amount, all such returns and assessments of income from, or of the capital or annual value of, that land as have been made or acquiesced in by the owner of that land for the purposes of any rate or tax imposed in respect of that land, shall be taken into consideration.

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

(3) Where any portion of a land which is to be acquired under this Act is situated within any street lines or building limit defined by or under any other written law, the market value of that portion shall be the market value which that portion would have if it does not fall within such street lines or building limit :

Provided that the acquiring officer shall, notwithstanding anything in this Act, tender and make payment of compensation in respect of that portion of land in the following manner :-

(1) The amount of compensation to be paid under this Act to any person interested in a land shall-

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

Provided that-

(2) Where any premises which are to be acquired under this Act are, and but for their compulsory acquisition would continue to be, devoted to a purpose of such a nature that there is no general demand or market for land for that purpose, the compensation payable in respect of those premises under this Act may, if the acquiring officer assessing the compensation is satisfied that the persons interested in those premises genuinely intend, when those premises are acquired, to provide for the aforesaid purpose premises equally convenient as the acquired premises, be assessed on the basis of the reasonable cost of providing for that purpose premises equivalent to those which are to be acquired under this Act.

(a) the degree of urgency which has led to the acquisition of the land or servitude under this Act;

(b) his disinclination to part with his interest in the land or to allow the acquisition of the servitude ;

(c) any damage sustained by him which, if caused by a private person, would not render such person liable to a suit;

(d) any damage which, after the award of compensation, is likely to be caused by or in consequence of the use to which the land or servitude will be put after its acquisition under this Act;

(e) any increase which is likely to occur in the market value of the land by reason of the use to which it will be put after its acquisition under this Act;

(f) any outlay or improvement made or commenced on the land after the notice under section 4 in respect of the land was given or exhibited unless such outlay or improvement was reasonably for the purpose of maintaining or preserving the land or any plantation, building, fixture, or machinery thereon;

(g) the special suitability or adaptability of the land for any purpose to which it could be applied only under statutory powers or for which there is no market apart from the special needs of a particular purchaser or the requirements of any Government department or local authority or of any body of persons constituted by or under any other written law;

(h) the amount of any such increase in the market value of the land as has been caused by the use thereof or of any premises thereon in a manner which can be restrained by any court or is contrary to law or is detrimental to the health of the inmates of the premises or to the public health.

(1) Where any land is required for any purpose of a public corporation and the acquisition of such land for that purpose under this Act is not authorized by any other written law, the Minister to whom the subject of that corporation has been assigned under the Constitution may, by Order published in the Gazette, declare that such land is so required, and upon such publication that purpose shall be deemed to be a public purpose, and the provisions of this Act shall apply accordingly to the acquisition of such land for that corporation.

(2) For the purposes of this section, the expression ” public corporation ” means a corporation which was, or is, established with capital wholly or partly provided by the Government.

(1) The proceedings commenced under this Act for the acquisition of any land or servitude may, at any time before an Order under section 38 in respect of that land or servitude is published in the Gazette, be abandoned.

(2) Where the proceedings commenced under this Act for the acquisition of any land or servitude are abandoned after a person interested in the land which is to be acquired or over which the servitude is to be acquired, has incurred costs by reason of any proceedings taken under this Act in any court or before the board, the Government shall pay to that person the amount of those costs as determined by that court or the board.

(1) Where any decision, declaration or Order to which this section applies, and any act or thing done under or in consequence of such decision, declaration or Order is called in question in any court whether by way of action, appeal, application in revision or any application for an order in the nature of a writ referred to in Articles 140 and 141 of the Constitution, such court shall give the highest priority to the hearing and disposal of such action, appeal or application, and for that purpose shall ordinarily hear and dispose of such action, appeal or application before all other business or cases pending or being heard or disposed of by such court.

(2) This section shall apply to any decision made under section 4, any declaration made under section 5, and any Order made under section 38.

(a) where his address is known, it is sent by registered letter through the post to him at that address, or

(b) where his address is not known-

(a) examine any such record, document or plan kept at the office of a local authority as relates to any land which is to be acquired under this Act or is comparable with any land which is to be so acquired,

(b) inspect any such land after giving written notice of the inspection to the owner or occupier of the land, and

(c) require any person who is or was at any time the owner or occupier of any such land to render to him, on or before the date specified in the requisition (such date not being earlier than the fourteenth day after the date of the requisition), a return, on such form as he may supply to that person, setting out particulars in respect of such prescribed matters within the knowledge of that person as may be specified in the form.

(1) After such date as may be appointed by the Minister by notice published in the Gazette, the opinion, regarding the value of any land which is to be acquired under this Act, of any person other than a person who is or is deemed to be a registered valuer, shall not, at any proceedings before the board, be regarded as the opinion of an expert.

(2) For the purposes of subsection (1), every valuer of the Valuation Department of the Government shall be deemed to be a registered valuer.

(3) In this section, ” registered valuer ” means a valuer registered in accordance with such regulations as may be made under section 63 for the registration of valuers.

(1) Nothing contained in this Act shall affect the right of any person who is lawfully entitled to any compensation which is paid under this Act to any other person to recover that compensation from that other person.

(2) Where in lieu of compensation for any land acquired under this Act any other land which is the property of the State is transferred to any person under section 36, any other person who is lawfully entitled to the land acquired under this Act shall, except as against a bona fide purchaser for value without notice, have the same right for the recovery of the land transferred to the first-mentioned person as that other person would have had for the recovery of the land acquired under this Act before the acquisition ; and nothing in this Act shall be deemed to prejudice any right to damages or any other remedy of that other person against the first-mentioned person.

(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Act.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for or in respect of all or any of the following matters :-

(3) No regulation made by the Minister under this section shall have effect until it is approved by Parliament. Notice of the approval of any regulation by Parliament shall be published in the Gazette.

(4) Where a regulation made by the Minister under this section is approved by Parliament and notice of the approval is published in the Gazette, that regulation shall be valid and effectual as if it were herein enacted.