Mawatagama Land Acquisition



Mawatagama Land Acquisition
AN ACT TO ACQUIRE COMPULSORILY FOR HER MAJESTY AN EXTENT OF LAND IN MAWATAGAMA IN THE KURUNEGALA DISTRICT, TO PROVIDE FOR THE PAYMENT OF COMPENSATION FOR SUCH ACQUISITION, AND TO MAKE PROVISION FOR MATTERS INCIDENTAL TO OR CONNECTED WITH THE PURPOSES AFORESAID.
Preamble.

Whereas, for the construction of an aerodrome for war purposes, possession of 248 parcels of land in Mawatagama in the Kurunegala District was taken in 1945 by the competent authority under Regulation 34 of the Defence (Miscellaneous) Regulations:

And whereas 185 of such parcels of land have been so defaced that their boundaries cannot be defined for the purpose of de-requisitioning them: And whereas it has been decided to acquire compulsorily for Her Majesty the area consisting of the aforesaid 185 parcels of land:
Cap. 460.

And whereas the acquisition of such area cannot be made under the Land Acquisition Act by reason of the fact that the metes and bounds of the aforesaid 185 parcels of land cannot be defined and therefore disputes in respect of them that should be referred to court cannot be so referred:

Be it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Representatives of Ceylon in this present Parliament assembled, and by the authority of the same, as follows: –

[1st September
, 1956 ]
Short title.

1. This Act may be cited as the Mawatagama Land Acquisition Act, No. 38 of 1956.

Vesting of land described in First Schedule in Her Majesty.

2. The land described in the First Schedule to this Act is hereby vested absolutely in Her Majesty free from all encumbrances.

Compensation.

3.

(1) Each person specified in column III of the Second Schedule to this Act, being a person who, on the day immediately preceding that on which this Act comes into operation, had a right or title to, or an interest in, the land described in the First Schedule to this Act, shall be paid the sum specified in the corresponding entry in column IV of the said Second Schedule as compensation for compulsorily acquiring such right, title or interest for Her Majesty:

Provided, however, that-

(a) where such person is a minor or is of unsound mind, such sum shall be paid for his benefit to the District Court or the Court of Requests of Kurunegala according as such sum exceeds or does not exceed three hundred rupees, and

(b) where such person is dead or cannot be found, such sum shall be paid to such court to be drawn by the person or persons lawfully entitled thereto.

(2) Where the sum payable to any person under subsection (1) has been paid to him before the date on which this Act comes into operation, such payment shall be deemed to be a payment under this Act and shall be a valid discharge of the liability to pay such sum to him.

Rights of persons lawfully entitled to compensation.

4.

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

(2) A person-

(a) who is not awarded any compensation by this Act and who claims that, on the day immediately preceding that on which this Act comes into operation, he had any right, title or interest to or in the land described in the First Schedule to this Act, or

(b) who is dissatisfied with the amount of the compensation awarded to him by this Act, may claim compensation from the Crown by action in the District Court or the Court of Requests of Kurunegala according as the amount claimed by him as compensation exceeds or does not exceed three hundred rupees.

FIRST SCHEDULE

LOTS 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 13 1/2 and 14-25 in P.P.A 966, N.W.P.



5 and block marked “A”) 142 acres and 14 perches, and bounded-

on the North: by an Ela, Pattiyagewela Ela and Badalgewatta claimed by A. M. Palingu Menika,

on the East: by Thimbirigahamulawatta, Thalagahaznulawatta claimed by R. M. Ranhami and others, Bulugahamulawatta claimed by R. M. Ranhami, a path, Bulugahamulawatta claimed by N. H. Pusumba Henaya, Alutwewewatta claimed by R. M. Dingiri Amma and others, Ambalamewatta claimed by W. M. Dingiri Appu and another, W. M. Punchi Menika and W. M. Hetuhami, Wewehenewatta claimed by R. M. Dingiri Amma and others, Godagalewatta claimed by W. M. Jayamanna and another and R. M. Ranhami, a path, Dalupothawatta claimed by W. M. Menikrala, Imbulgahamulawatta claimed by R. M. Mudiyanse, Galahitiyawapansalawatta claimed by K. M. Dham-maratana Thero, Watawanakumbura claimed by E. M. Kiri Banda, Watawanapillewa claimed by R. M. Palappu, Medapillewawatta and Kapugekumbura claimed by R. M. Sirimal Etana and others, a Channel, Maspothakumbura claimed by R. M. Sirimal Etana and others, K. M. Dhammaratana Thero, R. M. Punchi Menika, P. Nauru Pitche, R. M. Ukku Menika and another and R. M. Yahapathhami and another, Maspothakumbura Attikagahakumbura claimed by A. P. Peruma alias Thenna, Meegahamulakumbura claimed by N. H. Appuwa Henaya, Mangiliankumbura claimed by M. P. Ranasinghe, Meegahamulakumbura claimed by W. D. Somindu, Beligahagodakumbura claimed by E. D. Bilinda, Dangahamulakumbura claimed by W. M. Sohombirala and another and G. Kiriya, Maspothakumbura Dangahamulakumbura claimed by R. H. alias N. H. Rankiri Ridi, Maspothakumbura claimed by R. H. alias N. H. Rankiri Ridi, H. M. Punchi Amma and H. M. Punchi Menika and others, Kapugekumbura claimed by H. M. Ukku Banda and others and H. M. Ukku Amma, Wekum-bura Ambalampitiyakumbura claimed by D. L. Bala-suriya and others, Ambalampitiyawatta claimed by H. M. Ukku Banda ex-Korala and others, Galabewatta claimed by H. M. Punchi Banda and K. M. Dingiri Banda and Pahaladorakumbura claimed by H. M. Appuhamy and others,

on the South: by Pahaladorakodakumbura claimed by H. M. Appuhamy and others, a Channel, Pihimbiyakumbura claimed by G. R. D. D. Dharmasena, Meegahamulagoda claimed by A. M. Dingiri Menika and others, Gurunnehelagekumbura claimed by R. M. Punchi Banda and D. J. Balasuriya and another, Maralepillewa claimed by H. M. Ukku Banda ex-Korala and Aswedduwekumbura Thimbirigaha-kanatta claimed by T. W. Maralanda Kumarihami and others, and

on the West: by Aswedduwekumbura Thimbiri-gahakanatta, Gedarawela and Thimbirigahakanatta claimed by T. W. Maralanda Kumarihami and others, an Ela, Kosgahakumbura claimed by M. B. W. Gane-goda, P. B. Etipola and T. W. Maralanda Kumarihami and others, Warahenawatta claimed by R. M. Sirimal Etana and others and D. L. Balasuriya, Funnele Ela, Boikapuwakumbura claimed by A. D. Wattuwa, Kotikapolayekumbura claimed by W. M.Hetuhami, an Ela, Lindakumbura claimed by D. J. Balasuriya, D. M. Tikirala and D. L. Balasuriya, Barawewatta claimed by D. L. Balasuriya, a road, Bogahamulawatta claimed by W. M. Kirimenika and another, Irawelihena claimed by W. M. Kirimenika, Irawelihena Imbulgahamulawatta Erabaddewatta claimed by D. L. Balasuriya, Erabaddewatta claimed by W. M. Mudiyanse, Hitinagedarawatta Dodan-watta claimed by R. M. Ausadhahami and another, Booruwagewatta claimed by R. M. Hetuhami, Kappapalliyakumbura claimed by W. M. Punchi Appu and others, Hitinagedarawatta and Kongaha-mulakumbura claimed by W. M. Hetuhami, Kon-gahamulakumbura claimed by K. H. Appuwa and others, Gedaragawakumbura Kongahamulakumbura claimed by K. H. Meniki Ridi and others, Linda-gawakumbura claimed by R. M. Palathe and others, Kendagahamulakumbura claimed by K. M. Punchi Etana and another and W. M. Palathe, Damuna-kotuwa Kumbura claimed by B. M. Punchi Appuhami and another, H. M. Ukku Etana and another, B. M. Punchi Appuhami, B. M. Babahami and B. M. Din-giri Appu and another and an Ela, and more particularly described as lots 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 13½, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 in P. P. A 966, dated 23rd September, 1948, and authenticated by Mr. S. W. Atukorale, for Surveyor-General.