REQUISITIONING OF LAND

(1) It shall be lawful for a competent authority, with the prior approval of the President, to take possession of any land and to give such written directions as appear to him to be necessary or expedient in connexion with the taking of possession of such land, in any case where it appears to him that the land is required-

(2) The owner or occupier of any land shall, if requested by or on behalf of a competent authority so to do, furnish to such authority or person as may be specified in the request such information in his the possession relating to the land (being information which may reasonably be demanded of him for the purposes of this section) as may be so specified.

(3) Any police officer may, if requested so to do by a competent authority, take such steps and use such force as may be reasonably necessary for securing compliance with any directions given under subsection (1) in relation to the taking or giving up of possession of any land.

(4) The period during which possession may be retained by virtue of this Act of any land of which possession is taken under this section shall be fixed by the President at the time of taking of possession; but such period may from time to time be extended by the President.

(1) In any case where possession of any land had, on or after the 24th day of February, 1946, been taken by a competent authority under regulation 34 of the Defence (Miscellaneous) Regulations as having effect by virtue of the Supplies and Services (Transitional Powers) Act, 1945, of the Parliament of the United Kingdom, and the land is at the appointed date in the occupation of that competent authority or of any other person authorized by the competent authority in that behalf, the competent authority under this Act may, if it appears to him that the land is required for the purpose of the maintenance of supplies or services essential to the life of the community, give notice in writing by registered post to the owner of the land that possession and occupation of the land is to be continued after the appointed date; and in any such case possession of the land shall be deemed for the purposes of this Act to be taken on that date by virtue of section 2 of this Act.

(2) In any case where possession of any land was continued after the 24th day of February, 1946, under regulation 34 of the Defence (Miscellaneous) Regulations as having effect by virtue of the Emergency Laws (Transitional Powers) Act, 1946, of the Parliament of the United Kingdom, and the land is at the appointed date in the occupation of a competent authority or of any other person authorized in that behalf under that regulation, the competent authority under this Act may, if it appears to him that the land is required for the purposes of use or occupation by Her Majesty’s Ceylon forces or any visiting force or for the purpose of the maintenance of supplies or services essential to the life of the community, give notice in writing by registered post to the owner of the land that possession and occupation of the land is to be continued after the appointed date; and in any such case possession of the land shall be deemed for the purposes of this Act to be taken on that date by virtue of section 2 of this Act.

(3) For the purposes of the application of the Defence (Compensation) Regulations, 1941, in relation to any land in the case of which the power conferred by subsection (2) of this section is exercised, the period of possession of that land in the exercise of emergency powers shall be deemed to have terminated on the appointed date :

Provided, however, that notwithstanding anything in the Defence (Compensation) Regulations, 1941-

(a) may do, or authorize persons using the land as aforesaid to do, in relation to the land, anything which any person having an interest in the land would be entitled to do by virtue of that interest; and

(b) may by order provide for prohibiting or restricting the exercise of rights of way over the land, and of other rights relating thereto, which are enjoyed by any person, whether by virtue of an interest in the land or otherwise.

The power of the competent authority under this section to authorize the use of land for any purpose shall include the power to authorize a person or co-operative society carrying on any business or undertaking to occupy and use the land for the purposes of that business or undertaking upon such terms as may be agreed between such person or co-operative society and the competent authority.

(1) The amount of the compensation payable as provided in section 5 in respect of any land shall be-

Provided, however, that in computing for the purposes of paragraph (a) of this subsection the rent of any land of which possession is deemed to be taken by virtue of section 2 of this Act, no account shall be taken of any building or structure erected on the land before the appointed date by a person acting on behalf of a competent authority under the Defence (Miscellaneous) Regulations;

Provided, further, that in the case of the land or lands specified in each entry in column I of the Schedule to this Act the rent payable for the purposes of paragraph (a) of subsection (1) during the period for which possession of such land or lands is retained by virtue of this Act shall be the amount specified in the corresponding entry in column II of that Schedule;

Provided, further, that in the case of any land, being premises to which the Rent Act applies, the amount of the rent computed for the purposes of paragraph (a) of this subsection shall not exceed the authorized rent of the premises as determined under that Act.

(2) Any compensation under paragraph (a) of subsection (1) shall be considered as accruing due from day to day during the period for which the possession of the land is retained by virtue of this Act, and be apportion able in respect of time accordingly, and shall be paid to the person who for the time being would be entitled to occupy the land but for the fact that possession thereof is retained by virtue of this Act; but this subsection shall not operate so as to require the making of payments at intervals of less than one month in arrear.

For the purposes of any written law relating to income tax and any written law relating to tax or rates leviable on land, and, in particular, for the purposes of any such written law relating to the deduction of tax or rates from rent, any compensation under the said paragraph (a) shall be deemed to be rent payable for the land, the State shall be deemed to pay it as tenant occupier, and the person receiving it shall be deemed to receive it as landlord.

(2A) No compensation shall be payable under paragraph (b) of subsection (1) for any damage done to any land of which possession is deemed to be taken under section 2 of this Act by reason of the demolition of any building or structure which was erected on that land before the appointed date by a competent authority or any person acting on his behalf during the period for which that land was in the occupation of such competent authority or person under the Defence (Miscellaneous) Regulations as having effect whether before or after February 24, 1946.

(3) Any compensation under paragraph (b) of subsection (1) shall accrue due at the end of the period for which possession of the land is retained by virtue of this Act, and shall be paid to the person who is then the owner of the land.

(4) Notwithstanding anything in the preceding provisions of this section, the maximum amount of the compensation payable in any case under paragraph (b) of subsection (1) shall be an amount equal to the market value which the land would have had on the date of the termination of the period for which possession of the land is retained by virtue of this Act, if until that date it had remained in the original condition in which it was on the date on which possession thereof was first taken by a competent authority under this Act, or on which possession thereof was deemed to be taken by virtue of section 2 of this Act:

Provided, however, that where the competent authority is of opinion-

the competent authority may in his discretion determine that, in addition to the compensation payable under paragraph (b) of subsection (1), there shall be awarded as special additional compensation an amount not exceeding the difference between (i) the highest market value which the land would have had during the period mentioned in paragraph (a), and (ii) such maximum amount as aforesaid.

No appeal shall lie against a determination by the competent authority of the amount of the special additional compensation to be awarded under the proviso to this subsection; and in any case where the amount of the compensation payable under paragraph (b) of subsection (1) is increased or reduced upon any appeal, the competent authority may in his discretion reduce or increase the amount to be awarded under the proviso as special additional compensation.

(5) In determining for the purposes of subsection (4) the market value of any land of which possession is deemed to be taken by virtue of section 2 of this Act, no account shall be taken of any appreciation in the value thereof due to any building or structure erected, or any work done, on that land before the appointed date by a competent authority or any person acting on his behalf during the period for which that land was in the occupation of such competent authority or person under the Defence (Miscellaneous) Regulations as having effect whether before or after February 24, 1946.

(5A) Where in the case of any land of which possession is deemed to be taken by virtue of section 2 of this Act, compensation is payable under sub-paragraph (b) of paragraph (1) of regulation 2 of the Defence (Compensation) Regulations, 1941, in respect of any damage to the land which may have occurred during the period for which the land was in the occupation of a competent authority or of any other person under or by virtue of the Defence (Miscellaneous) Regulations as having effect whether before or after the 24th day of February, 1946, nothing in this Act shall confer or be deemed or construed to confer any right to compensation in respect of such damage in any amount exceeding the amount payable under that sub-paragraph; and the amount of such compensation shall accordingly be computed separately from the compensation, if any, which may be payable under this Act in respect of any damage to the land which may have occurred during the period for which possession thereof is retained by virtue of this Act.

(6) Any compensation under paragraph (c) of subsection (1) shall accrue due at the time when possession of the land is taken under section 2 of this Act and shall be paid to the person who, immediately before that time, was the occupier of the land.

(7) Any compensation under paragraph (d) of subsection (1) shall accrue due at the time when the expenses in respect of which the compensation is payable are incurred, and shall be paid to the person by whom or on whose behalf those expenses were incurred.

(1) No claim for any compensation under this Act shall be entertained unless notice of the claim has, in such form and manner as may be prescribed by regulations, been given to the prescribed authority within the period of six months commencing on the date on which the compensation accrues due or such longer period as the Minister in charge of the subject of Justice may prescribe either generally or in relation to any particular claim or class of claims.

(2) Every such notice of claim shall be signed by the claimant or by a person duly authorized by him in that behalf and shall be delivered or transmitted to the prescribed authority referred to in subsection (1).

(1) Upon any claim for any compensation under this Act being duly made in accordance with the provisions of section 9, the competent authority shall endeavour to settle by agreement the amount of the compensation, if any, payable to the claimant; and the competent authority shall, whether or not such agreement is reached, make an award under his hand determining the amount of the compensation, if any, which in his opinion should, in accordance with the provisions of this Act, be paid to the claimant.

The competent authority shall give written notice of the award to the claimant.

(2) In any case where any dispute referred to in section 10 has arisen, the competent authority shall defer the making of an award under this section until there has been a final decision or determination upon that dispute ; and in any such case the award made under this section shall accord with the final decision or determination upon the dispute.

(1) If, at the time when the Defence (Compensation) Regulations, 1941, expire or are revoked, there is pending any claim for any compensation payable under those regulations, in respect of any land of which possession and occupation was not continued after the appointed date under section 3 of this Act, the procedure set out in sections 11 and 12 of this Act shall apply in relation to such claim in like manner as though it were a claim for compensation under this Act; and accordingly any proceedings in respect of any such claim which are pending at the aforesaid time of expiration or revocation before a tribunal constituted under the Defence (Compensation) Regulations, 1941, shall, in accordance with regulations which are hereby authorized to be made in that behalf under section 21 of this Act, be transferred to and disposed of by the board of review constituted under section 19 of the Land Acquisition Act.

(2) For the purposes of enabling the provisions of subsection (1) of this section and of subsection (3) of section 3 and of subsection (5A) of section 6 to have effect, but subject to the aforesaid provisions, section 6 (3) of the Interpretation Ordinance shall, notwithstanding that the Defence (Compensation) Regulations, 1941, may expire or be revoked, apply in all respects as though those regulations are, on the date of their expiration or revocation, repealed by written law.

(1) In every case where any land is acquired under the Land Acquisition Act, and the provisions of the special Ordinance apply in relation to the compensation payable in respect of the acquisition, then, notwithstanding anything in the Defence (Compensation) Regulations, 1941, no compensation under subparagraph (b) of paragraph (1) of regulation 2 of those regulations shall be payable or be deemed to be payable to any person in respect of that land.

(2) The provisions of subsection (1) of this section shall be deemed to have come into force on the date of the commencement of the special Ordinance.

(1) In every case where any land, possession of which is taken under section 2 of this Act, is acquired under the Land Acquisition Act, while it is in the possession of any authority, person, local authority or co-operative society under the powers conferred by this Act, then, in determining the amount of compensation to be awarded under the Land Acquisition Act for that land-

(2) In every case where the provisions of subsection (1) apply in relation to the compensation payable in respect of the acquisition of any land, then, notwithstanding anything in paragraph (b) of subsection (1) of section 6 of this Act, no compensation under that paragraph shall be payable or be deemed to be payable to any person in respect of that land.

(1) The Minister may make such regulations as may be necessary for carrying out or giving effect to the principles and provisions of this Act; and without prejudice to the generality of the powers hereinbefore conferred, any such regulation may provide that any provision of the Land Acquisition Act specified in section 10 or section 12 of this Act shall in its application for the purposes of this Act have effect subject to such amendments, omissions or modifications as may be specified in the regulation.

(2) No regulations 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.

(3) 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.