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Legal Services and Laws of Sri Lanka

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9 of 1950

LAND ACQUISITION

AN ACT TO MAKE PROVISION FOR THE ACQUISITION OF LANDSANDSERVITUDESFORPUBLICPURPOSESANDTOPROVIDEFORMATTERS
CONNECTED WITH OR INCIDENTAL TO SUCH PROVISION.

Act Nos,
9 of 1950
39 of 1954
22 of 1955
28 of 1964
20 of 1969
48 of 1971
8 of 1979
13 of 1986
[ 22nd April , 1986 ]

[9th March , 1950 ]

Short title
1.This Act may be cited as the Land Acquisition Act.

PART I

PRELIMINARY INVESTIGATION AND DECLARATION OF INTENDED ACQUISITION

Investigations for selecting land for public purpose.
2.(1)Where the Minister decides that land in any area is neededforanypublicpurpose,hemaydirectthe
acquiring officer of the district in which that area lies to cause a notice in accordance withsubsection(2)tobe
exhibited in some conspicuous places in that area.
(2) The notice referred to in subsection (1) shall be in the Sinhala, Tamil and Englishlanguagesandshallstate
that land in the area specified in the notice is required for a publicpurposeandthatalloranyoftheacts
authorized by subsection (3) may be done on any land in that area in order to investigate the suitability of thatland
for that public purpose.
(3) After a notice under subsection (2) is exhibited for the first time in any area, any officerauthorizedbythe
acquiring officer who has caused the exhibition of that notice, or any officer acting under thewrittendirectionof
the officer authorized as aforesaid, may enteranylandinthatarea,togetherwithsuchpersons,implements,
materials, vehicles and animals as may be necessary, and"
(a)survey and take levels of that land,
(b)dig or bore into the subsoil of that land,
(c) set out the boundaries of that land and the intended line of any work proposed to be done on that land,
(d)mark such levels, boundaries and line by placing marks and cutting trenches,
(e)where otherwise the survey of that land cannot be completed and such levels taken andsuchboundariesand
line marked, cut down and clear away any part of any standing crop, fence or jungle on that land, and
(f)do all other acts necessary to ascertain whether that land is suitable forthepublicpurposeforwhich
land in that area is required :
Provided that no officer, in the exercise of the powers conferred on him bytheprecedingprovisionsofthis
subsection, shall enter any occupied building or any enclosed court or gardenattachedtheretounlesshehas
given the occupier of that building at least seven days' written notice of his intention to do so.

Compensation for damage done during investigations carried out on any land.
3.(1)Where any officer empowered by subsection (3) of section 2 to enter any land causes any damage to thatland
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 landisownedbymorethanoneperson,determinethe
apportionment of that amount among the owners of that land. Such officer shall give the owner or ownersofthatland
written notice of the amount of compensation assessed by him and of any such apportionment of that amount asmayhave
been determined by him.
(2) If any person who is entitled to receive the whole or aportionoftheamountofcompensationassessedin
respect of any land under subsection (1) and specified in a notice under that subsection,isdissatisfiedwithsuch
amount or with the apportionment of such amount, he may, within fourteen days reckoned-
(a)where such notice is sent through the post, from the date on which such notice is received at theplaceto
which it is so sent, or
(b)where such notice is exhibited on or near that land, from the date on which such notice is so exhibitedfor
the first time,
make a written appeal to the acquiring officer of the districtinwhichthatlandissituatedagainstthe
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 makeafreshassessment
and apportionment of compensation or shall confirm the amount of compensation assessed under subsection (1) and makea
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 -
(a)where no appeal against the assessment or apportionment of compensation referred to in such noticeismade
under subsection (2) within the time allowed therefor by that subsection or where such an appeal is somadeand
the acquiring officer to whom the appeal is made disallows the appeal, tender to each person who isentitledto
compensation according to such notice the amount of compensation allowed to him by such notice, or
(b)where such an appeal is so made and such acquiring officer allows the appeal, tender to each personwhois
entitled to compensation according to the decision on such appeal the amount of compensation allowedtohimby
such decision,

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 ofunsoundmind
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.

Notice of, and objections to, intended acquisition.
4.(1)Where the Minister considers that a particular land is suitable for a public purpose, or thataparticular
servitude over a particular land should be acquired for a public purpose, he shall direct the acquiring officer ofthe
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 thissubsectionto
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 nonotice
has been exhibited as provided by section 2, and, where he issues suchadirectiontoanyacquiringofficer,the
provisions of subsection (3) of section 2 shall apply in regard to the land to which thatdirectionrelatesinlike
manner as those provisions would have applied if that acquiring officer had caused anoticeundersection2tobe
exhibited in the area in which that land is situated.
(3) The notice referred to in subsection (1) shall -
(a)be in the Sinhala, Tamil and English languages
(b)contain a description of the land or servitude which is intended to be acquired
[2,28 of 1964]
(c)state that the Government intends to acquire that land or servitude for a public purpose, andthatwritten
objections to the intended acquisition may be made to the Secretary to such Ministry as shall be specified in the
notice (hereafter in this section referred to as the " appropriate Secretary ")and
(d)specify a period within which such objections must be made, such period being not lessthanfourteendays
from the date on which such notice is given.

[2,28 of 1964]
(4)Where a notice relating to the intended acquisition of a land or of a servitude over a land isexhibitedunder
subsection (1) and objections to such acquisition aremadetotheappropriateSecretarybyanyofthepersons
interested in the land within the time allowed therefor by the notice, the appropriate Secretaryshallconsidersuch
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 insupportthereof.Afterthe
consideration of the objections the appropriate Secretary shall make hisrecommendationsontheobjectionstothe
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,makehisownrecommendationsonthe
objections to the Minister.

[2,28 of 1964]
(5) When the time allowed by a notice under this section for making objections to theintendedacquisitionofthe
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, theMinistershall,
subject to the provisions of subsection (6), decide whether that land or servitude should orshouldnotbeacquired
under this Act.
(6) A decision shall not be taken under subsection (5) to acquire only a part of abuildingiftheownerofthe
building desires that the whole of the building should be acquired under this Act, unless such part can beseveredor
demolished without serious detriment to, or seriously affecting the amenities of, the building.
For the purposes of this subsection, " building" includes land which,beingnecessaryfortheconvenientuseand
occupation of the building, would pass by a devise of the building.

Special provision to nullify disposal of, and to prevent damage to, land in respect of which anoticehasbeenissuedor
exhibited under section 2 or section 4. [3,28 of 1964]
4A. (1) Where a notice has been issued or exhibited in respect of any land under section 2 orsection4,noownerof
that land shall, during the period of twelve months after the date of the issue or exhibition of such notice,-
(a)sell or otherwise dispose of that landor
(b)do any act which, directly or indirectly, depreciates the value of that land as at thedateof
such issue or exhibition.
(2) Any sale or other disposal of land in contravention of the provisions ofsubsection(1)(a)ofthissection
shall be null and void.
(3) Any person who contravenes the provisions of subsection (1) (b) of this section shall beguiltyofanoffence
punishable with a fine not exceeding one thousand rupees.

Declaration that a land or a servitude is required for a public purpose.
5.(1)Where the Minister decides under subsection (5) of section 4 that a particular land or servitudeshouldbe
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 whichis
to be acquired or over which the servitude is to be acquired is situated to causesuchdeclarationintheSinhala,
Tamil and English languages to be published in the Gazette and exhibited in some conspicuous placesonornearthat
land.
(2) A declaration made under subsection (1) in respect of any land or servitude shallbeconclusiveevidencethat
such land or servitude is needed for a public purpose.
(3) The publication of a declaration under subsection (1) in the Gazette shall be conclusiveevidenceofthefact
that such declaration was duly made.

Survey and plan of land.
6.When a declaration under section 5 that a particular land is needed for a public purpose hasbeenpublishedin
the Gazette, the acquiring officer of the district in which that land is situated may, if there is no plan of that land
made by the Survey Department of the Government, or no such planwhichissuitableforuseforthepurposesof
proceedings under this Act, cause a survey and a plan of that land to be made by a surveyor of that department, or by a
licensed surveyor acting under the directions of the Surveyor-General.

Notice to persons interested.
7.(1)The acquiring officer referred to in subsection (1) of section 5 shall cause anoticeinaccordancewith
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, andshallalsocausethat
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-
(a)describe the land or servitude which is intended to be acquired
(b) state that it is intended to acquire such land or servitude under this Act and that claims for compensation
for the acquisition of such land or servitude may be made to the acquiring officer mentioned in the notice and
(c)direct every person interested in the land which is to be acquired or over whichtheservitudeistobe
acquired to appear, personally or by agent duly authorized in writing, before such acquiring officeronadate
and at a time and place specified in the notice (such date not being earlier than the twenty-first day afterthe
date on which the notice is to be exhibited for the first time on or near the land), and,atleastsevendays
before the date specified in the notice, to notify in writing under the hand of that personoranyagentduly
authorized as aforesaid to such acquiring officer the nature of his interests in the land, the particulars of his
claim for compensation, the amount of compensation and the details of the computation of such amount:
Provided that the acquiring officer may, on good cause shown within two weeks aftersuchnoticeisexhibited,
extend, up to a period of twenty-eight days from the date specified in such notice, thetimewithinwhichany
person interested in such land is required to notify his claimforcompensationto,andappearbefore,the
acquiring officer.

(3) Notwithstanding anything in the preceding provisions of this section, any notice required by those provisionsto
be published in the newspapers may merely specify the land or servitude which is intended to be acquired andreferto
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 ofanylandis
satisfied that any person interested in that land is a minor or is of unsound mind and has no authorized agenttoact
on his behalf as provided in that notice, such officer may, either of his own motion or on application madebyoron
behalf of such person, authorize a fit and proper person to be such agent.

Power to require and enforce the making of statements as to persons interested. [ 4, 28 of 1964]
8.An acquiring officer who causes the publication of a notice under section 7 in respect ofanylandmayrequireany
person interested in that land to make or deliver to him, on or before a date specified in the requisition(suchdate
not being earlier than the fourteenth day after the date of the requisition), a statement setting out, so far as may be
practicable, the name and address of every other person interested in that land or any part thereof, and the natureof
the interest in that land, and any rents and profits received or receivable on accountofthatlandforthethree
calendar years next preceding the date of the statement.

PART II

INQUIRY INTO CLAIMS, REFERENCE TO COURT, AND ACQUIRING OFFICER'S AWARD

Inquiry into claims for compensation.
9.(1)Where a notice under section 7 in respect of any land is published, the acquiring officerofthedistrict
in which that land is situated shall, on the date on which and at the time and place atwhichpersonsinterestedin
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-
(a)the market value of that land or of the servitude which is to be acquired over that land
(b)such claims for compensation as may have been notified to him withinthetimeallowedthereforbythat
notice or in accordance with the aforesaid proviso
(c)the respective interests of the persons claiming compensationand
(d)any other matter which needs investigation for the purpose of making an award under section 17.
(2) The acquiring officer conducting an inquiry under subsection (1) may adjourn the inquiry from timetotimeand
may hold the inquiry at different places on different dates. On every occasion on which he adjournssuchinquiry,he
shall notify the date on which and the time and place at which the inquirywillberesumedtosuchclaimantsfor
compensation and such agents of claimants for compensation, as are present on that occasion.

[5,28 of 1964]
(2A)Where any inquiry under subsection (1) which has been adjourned cannot be resumedonthedatenotifiedunder
subsection (2) to such of the claimants for compensation and their agents as were present on the occasion on whichthe
inquiry was adjourned, the acquiring officer holding the inquiry may fromtimetotimepostponethedateofits
resumption. Notice of the date to which the resumption of the inquiry is postponed and the time and place at whichthe
inquiry will be resumed shall be sent by registered post to the aforesaid claimants and agents so as to reachthemat
least seven days before that date.
(3) The acquiring officer conducting an inquiry under subsection (1) may by a summons under his hand require"
(a)any person whose evidence is, in the judgment of such acquiringofficer,likelytobematerialtothe
subject-matter of the inquiry, to attend and give evidence at the inquiry on such date and at such time and place
as may be mentioned in the summons, and
(b)any person to produce at the inquiry, on such date and at such time and place as maybementionedinthe
summons, for examination by such acquiring officerorbyanyofficeroftheValuationDepartmentofthe
Government who is authorized in that behalf by such acquiring officer, any such document or book ofaccountsin
the possession of that person as is,inthejudgmentofsuchacquiringofficer,likelytocontainsuch
information as may be necessary to determine the interests of that person or of any other person in thelandto
which the inquiry relates or the amount of compensation to be paid for such interests.
(4) A summons to any person under subsection (3) shall be served on him in the same mannerasisprovidedbythe
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 administeredby
the acquiring officer holding the inquiry.
(6) An acquiring officer who holds an inquiry under this section shall make a summary of the evidence givenbyeach
witness and cause a certified copy of each document produced in evidence to be furnished.

Reference of claims and court disputes for determination.
10. (1)At the conclusion of an inquiry held under section 9,theacquiringofficerholdingtheinquiryshall
either-
(a)make a decision on every claim made by any person to any right, title or interest to, in orovertheland
which is to be acquired or over which a servitude is to be acquired and on every such dispute as may havearisen
between any claimants as to any such right, title or interest, and give notice of his decision to the claimant or
to each of the parties to the dispute, or
(b)refer the claim or dispute for determination as hereinafter provided.
(2) A claimant whose claim is wholly or partly disallowed, or a party toadisputewhichisdetermined,bythe
decision of an acquiring officer under subsection (1) may, within fourteen days of the service on him of notice ofthe
decision, make application to that acquiring officer for the reference of the claim or dispute, as the case may be, for
determination as hereinafter providedand that acquiring officer shall make a reference accordingly.
(3) Every reference under the preceding provisions of this section shallbemadetotheDistrictCourtorthe
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 oftheland
or servitude exceeds or does not exceed one thousand five hundred rupees.
(4) In every case in which a reference is made to theDistrictCourtortothePrimaryCourtashereinbefore
provided, the acquiring officer shall defer the making of his awardundersection17inrespectofthelandor
servitude to which such reference relates until a determination on such reference is made bythatcourtor,inthe
event of an appeal under section 14, by the Court of Appeal.
(5) Where an acquiring officer makes a decision on any claim or disputeundersubsection(1),andtheclaimor
dispute is not referred for determination as provided in subsection (3), the decision shall be final.

Form of reference to court.
11. A reference which an acquiring officer may make under section 10 shall be in writing and in the form of aplaint
in a civil suit. In the reference the acquiring officer shall be described astheplaintiffandtheclaimantsfor
compensation shall be described as the defendants. The reference shall contain-
(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 courtand
(e) a prayer for the determination of that claim or dispute.

Proceedings in court on reference.
12. (1)The proceedings in a court on a reference made to it under section 10 shallbesubjecttotheprocedure
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 otherbusiness
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 itundersection10shall,ifno
appeal against that decision is made to the Court of Appeal under section 14, be final.

Costs of proceedings in court on reference.
13. (1)The court to which a reference is made under section 10 may award to any party to that referenceanamount
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 themannerprovided
by section 30 may be recovered as if they were costs incurred in a civil suit.

Appeal against decision of court.
14. (1)Where the plaintiff or any defendant in a reference made under section 10 to a District Court oraPrimary
Court is dissatisfied with the decision of that court on that reference, he may appeal againstthatdecisiontothe
Court of Appeal.
(2) Every appeal under subsection (1) shall be presented within the time and in themannerprovidedbytheCivil
Procedure Code for appeals against decrees in civil suits.
(3) No stamp duty shall be required in any proceedings before theCourtofAppealrelatingtoanappealunder
subsection (1).
(4) The Court of Appeal may award to any party to an appeal made under subsection (1) an amountdeterminedbythat
court as his costs of the proceedings relating to that appeal.

Non-appearance of persons interested in land.
15. (1)Where no person interested in a land in respect of whichanoticeundersection7hasbeenpublished
appears, personally or by agent duly authorized in writing, on the day on which and at thetimeandplaceatwhich
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 postponetheinquiryrequiredby
section 9 to be held on that day to a date not earlier than the fourteenth day after the aforesaid day and shallcause
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-
(a)specifying the date on which and the time and place at which the postponed inquiry will be held,
(b)requiring the persons interested in that land, if they have notalreadydoneso,tonotifytohimin
writing under their hand or under the hand of agents dulyauthorizedasaforesaid,beforethedateofthe
inquiry, the nature of their interests inthatlandandtheamountandparticularsoftheirclaimsfor
compensation, and
(c)stating that he will, whether the persons interested in that land attend the inquiry ornot,determineat
the inquiry the amount of compensation payable, where that land istobeacquiredunderthisAct,forthe
acquisition of that land or, where a servitude over thatlandistobeacquiredunderthisAct,forthe
acquisition of that servitude.
(2) Where an inquiry which is to be held by an acquiring officer in respect of any land under section 9 ispostponed
under subsection (1) to any date, he shall hold the inquiry on that date or anyotherdateordatestowhichthe
inquiry may be adjourned under subsection (2) of section 9, and shall make his award inrespectofthatlandunder
section 17, whether the persons interested in that land attend the inquiry or not.

Claims made out of time.
16. (1)An acquiring officer shall entertain and inquire into any claim to any right, title or interestto,inor
over the land which is to be acquired or over which a servitude is to be acquired, made in writing at anytimebefore
the conclusion of an inquiry held by him under this Act, notwithstanding that such claim is made aftertheexpiryof
the time allowed therefor by any other provision of this Actand accordingly such other provisions of this Act asare
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,inorover
the land which is to be acquired or over which a servitude is to beacquired,madeorallyatanytimeafterthe
commencement and before the conclusion of an inquiry held by him under this Act, notwithstandingthatsuchclaimis
made after the expiry of the time allowed therefor by any other provision of this Act and is not made inwriting 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 ofthissubsection,
he shall make a record of that claim.

Award of acquiring officer.
17. (1)The acquiring officer who holds an inquiry under section 9 shall, as soon asmaybeafterhisdecisions
under section 10 have become final as provided in that section or after the final determination of anyreferencemade
under that section and subject to the other provisions of this section, make an award under his hand determining"
(a)the persons who are entitled to compensation in respect of the land or servitude which is to be acquired
(b)the nature of the interests of those persons in thelandwhichistobeacquiredoroverwhichthe
servitude is to be acquired
(c)the total amount of the claims for compensation for the acquisition of the land or servitude
(d)the amount of the compensation which in his opinion should, in accordance with the provisions of Part VIof
this Act, be allowed for such acquisitionand
(e) the apportionment of the compensation among those persons.
Such acquiring officer shall give written notice of the award to the persons whoareentitledtocompensation
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 landwhichisto
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 intheawardunderthissectionthe
matters specified in paragraphs (a), (b), (c) and (e) of subsection (1) and tocomplywiththeprovisionsofthat
subsection relating to notice of the award.
(3) Where a claimant for compensation has notified his claimtotheacquiringofficerwithinthetimeallowed
therefor by this Act, the amount of compensation awarded to that claimant under subsection (1)shallnotexceedthe
amount of his claim.
(4) An award under subsection (1) shall, where a reference under section 10 has been made to a DistrictCourtora
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 ofthe
Court of Appeal on that appeal.

Acquiring officer may supply failures or omissions in the course of acquisition proceedings.
18. (1)Where in the course of any proceedings for the acquisition of any land or servitude underthisActitis
found that there has, at any stage of such proceedings, been an inadvertent failure or omissiononthepartofthe
acquiring officer to comply with any provision of Part I or Part II of thisActrelatingtosuchproceedings,the
acquiring officer may supply such failure or omission at any time prior to the making of his award under section17
and thereupon any such proceedings as may have been taken under that Part after the stage aforesaid shall be deemedto
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 failureoromission
on his part in the course of any proceedings for the acquisition of any land or servitude underthisActtoinquire
into any matter which should have been inquired into by him at the inquiry held under section 9,hemayreopenthat
inquiry at any time prior to the making 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

Constitution of the board of review. [6,28 of 1964]
19. (1)For the purpose of hearing appeals in the manner hereinafter provided, there shallbeaboardofreview
(hereinafter referred to as the " board ") consisting of sixteen members who shall be appointed from timetotimeby
the President.

[6,28 of 1964]
(2) Eight members of the board (hereinafter referred to as the " lawyer members") shall be attorneys - at-lawwith
not less than ten years' professional experience and the other eight members of the board (hereinafter referredtoas
the " valuer members ") shall be persons having adequate knowledge of the valuation of land.

[6,28 of 1964]
(3) The President shall appoint a lawyer member of the board to be the chairman, and another member of theboardto
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 shallbeeligible
for reappointment.
(5) The Minister shall, before making any recommendation to the President in regard to theexerciseofthepowers
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 ").

Remuneration of members.
20. The members of the board shall be remunerated at such rates as may be prescribed.

Meetings of the board.
21. (1)The secretary shall, under the direction of the chairman of the board, convenemeetingsoftheboardat
which appeals are to be heard.

[ 7,28 of 1964]
(2)The chairman or vice-chairman, two lawyer members and two valuer members of the board shall besummonedtoan
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 meetingoftheboard.Thequorumforan
extraordinary meeting of the board shall be two lawyer members and three valuer members.

[ 7, 28 of 1964]
(3A)The chairman of the board shall preside at every ordinary meeting of the board to which heissummonedandat
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 theboardfromanyordinary
meeting to which he is summoned, the members of the board summoned to and present at thatmeetingshallchoosefrom
among themselves a chairman for that meeting.

[ 7, 28 of 1961]
(4) The chairman of the board shall preside at every extraordinary meeting oftheboard.Intheabsenceofthe
chairman from an extraordinary meeting of the board, the vice-chairman of the board shall preside at thatmeeting.In
the absence of both the chairman and the vice-chairman of the board from an extraordinary meetingoftheboard,the
members of the board summoned to and present at the meeting shall choose fromamongthemselvesachairmanforthe
meeting.
(5) A member of the board who is interested in the subject-matter of an appeal made to theboardorwhohasbeen
consulted as an attorney-at-law or as a valuer in regard to that matter byoronbehalfofthepersoninterested
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.

Right of appeal to the board.
22. (1)A person to whom compensation is allowed by an award under section 17 and who hasnotifiedhisclaimfor
compensation to the acquiring officer within the time allowed therefor by this Act, may appealtotheboardagainst
that award on the ground that the amount of the compensation allowed to him is insufficient:


[ 8, 28 of 1961]
Provided that-
(a)where, before such person prefers an appeal against such award, the whole or any partofthecompensation
allowed to him by such award is tendered to him by the acquiring officer and he does not decline toreceivethe
amount so tendered, he shall not have the right to prefer an appeal against such award, and
(b)where, after he has preferred an appeal against such award and before such appeal is decided bytheboard,
the whole or any part of such compensation is tendered to him by the acquiring officer and he does not decline to
receive the amount so tendered,
the board shall dismiss such appeal.
(2) Every appeal under this section shall-
(a)be in writing
(b)state the name and address of the appellant
(c)mention as the respondent the acquiring officer who made the award against which the appeal is preferred
(d)contain a plain and concise statement of the appellant's interest in the land to which suchawardrelates
and
(e)state the amount of compensation claimed by the appellant and his reasons for consideringthecompensation
allowed to him by such award to be insufficient.
(3) Every appeal under this section shall be addressed to the chairman of the board and shall be transmittedto,or
delivered at, the office of the board.

Time-limit for appeals to the board.
23. No appeal against an award made under section 17 shall be entertained by the board unless it hasbeenpreferred
within twenty-one days after the date on which notice of that award was received by the appellant.

Appellant to furnish lists of witnesses and documents. [ 9, 28 of 1964]
23A.The appellant in any appeal to the board shall furnish to 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,
before the expiry of a period of six months from the date on which such appeal was preferred to the board or,if
such appeal is fixed for hearing on a date before the expiry of such period, before the date so fixed.

Proceedings before the board.
24. (1)Every appeal to the board shall be heard at an ordinary meeting of the board:
rovided 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 agentoragentsduly
authorized in writing, the meeting of the board at which the appeal is heard. Where, for reasonable causenotifiedin
writing to the chairman of the board, the appellant or the respondent is unable so to attend such meeting, thehearing
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"
(a)to summon and compel the attendance of witnesses,
(b)to compel the production of documents, and
(c)to administer any oath or affirmation to witnesses.

(5) Section 142 of the Civil Procedure Code and section 132 of the Evidence Ordinance shall applytoawitnessin
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 proceedingsbefore
the board as relate to that appeal.

Decision of the board.
25. (1)The decision made at a meeting of the board on an appeal heard at that meeting shall bedeemedtobethe
decision of the board on that appeal.
(2) Where the members of the board who hear an appeal disagree withregardtothedecisionontheappeal,the
decision of the majority of them shall be the decision of the board on the appeal, and, where the membersareequally
divided in their opinion, the decision supported by the chairman of the meeting at which the appeal is heardshallbe
the decision of the board on the appeal.
(3)Where the board disallows an appeal against an award made under section 17, the decisionontheappealshall
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 undersection17,thedecisionontheappealshall
determine the amount of compensation payable to the appellant:
Provided that the board shall not allow as compensation to the appellant an amount whichexceedstheamountofthe
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.

Costs of proceedings before the board.
26. (1)The decision of the board on an appeal made to itshall,unlessforspecialreasontheboarddirects
otherwise, contain an order as to the person who is to pay the costs of the proceedingsrelatingtotheappealand
shall determine the amount of such costs.
(2) All such costs allowed to an acquiring officer under subsection (1) on an appeal against an awardundersection
17 as are not deducted in the manner provided by section 30 may be recovered as if they were costs incurred in acivil
suit, and for that purpose the decision of the board by which the costs are allowed shall be deemed to be adecreeof
the District Court or the Primary Court having jurisdiction over the place where the land to which thatawardrelates
is situated, according as the total amount of the claims for compensation mentioned in that award exceeds ordoesnot
exceed one thousand five hundred rupees.

Finality of decision of the board.
27. Save as provided in section 28, a decision of the board shall be final and shall not becalledinquestionin
any court.

Appeal on question of law to the Court of Appeal.
28. (1) Where a party to an appeal to the board is dissatisfied with the board's decision on that appeal,hemay,
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 declaredbysection
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 acertificate
by an attorney-at-law that such question is fit for adjudication by the Court of Appeal,andshallbepresentedin
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 thetimespecifiedinsubsection
(2), the secretary to the board shall-
(a)transmit to the Court of Appeal one of the duplicates of the petition of appeal together with the recordof
the proceedings in which the board's decision against which the appeal has been preferred was made, and
(b)issue notice of the appeal to the respondent named inthepetitionofappealtogetherwiththeother
duplicate of the petition of appeal.
(4) No stamp duty shall be required in any proceedings before theCourtofAppealrelatingtoanappealunder
subsection (1).
(5) Every appeal to the Court of Appeal under this section shall be heard and determined by any twoJudgesofthat
court. On determining the question of law on which an appeal is made to the Court of Appeal underthissection,that
court shall, in accordance with its decision on such question, confirm, reduce or increase the amountofcompensation
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 theamountof
the claim for compensation which he had originally notified to the acquiring officer who made the awardundersection
17 in respect of the land or servitude to which that claim relates.

PART IV

PAYMENT

Tender and payment of compensation
29. Where an award is made under section 17, the acquiring officer of the district in which the land towhichthataward
relates is situated shall tender to each person who is entitled to compensation according to that award theamountof
compensation allowed to him by that award or, if in lieu of that amount a new amount has been allowedascompensation
to that person by a final decision on an appeal to the board or by a decision on anappealtotheCourtofAppeal
tender that new amount to him, and shall pay the tendered amount to him if he consents to receive it:

[ 10, 28 of 1964]
Provided however that, where,-
(a) the total amount of compensation payable to all the persons entitled to compensation inrespectofsuchland,
exceeds twenty-five thousand rupees, and
(b) such land is not situated within the administrative limits ofanyMunicipalCouncil,UrbanCouncilorTown
Council, and
(c) such land does not, on the date on which the notice under section 7 is published in the Gazette, have onitany
building which is used for any residential or business purpose,
then, the acquiring officer shall, except where the Minister otherwise directs in thenationalinterest,tenderand
make payment of compensation in the following manner:-
(i)forthwith after the said award is made, a sum of twenty-five thousand rupeesshallbedividedamongand
paid to the persons who are entitled to compensation in respect of such land in the same proportionasthatin
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 personsinthesaid
proportion but in not more than ten equal installments, so however that the entire balance compensationispaid
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 apurposereferred
to in subsection (2) of section 46 is assessed on the basis mentioned in that subsection,thepaymentofsuch
portion of the compensation as is equal to thirty per centum of the compensationshallbedeferreduntilthe
persons entitled thereto have actually provided for the aforesaidpurposepremisesequivalenttothefirst-
mentioned premises.

Deduction of costs from amount of compensation.
30. Where any costs of proceedings under this Act in a court or before the board are ordered bythatcourtorthe
board to be paid by any person to the acquiring officer who is a party to those proceedings, the amountwhichmaybe
due as such costs may be deducted from any compensation payable under this Act to that person.

Compensation for land subject to a mortgage.
31. Where compensation is payable under this Act for a mortgagee's interestinaland,thatcompensationshall,
unless otherwise agreed between the parties, be paid into the District Court or the Primary Courthavingjurisdiction
over the place where that land is situated, according ?s the amount of that compensation exceeds or does not exceed one
thousand five hundred rupees, to be drawn by the person entitled thereto. [* Subsections (1) and (2) of section 31are
omitted in view of section 2 of the Abolition of Fidei Commissa and Entails Act]

Payment of compensation due to a minor or a person of unsound mind,
32. (1)Where a sum not exceeding one hundred rupees is payable as compensation under this Act to any person whois
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.

[ 11,28 of 1964]
(2) Where any sum which is payable as compensation for the acquisition of a land or servitude underthisActtoa
person who is a minor or is of unsound mind exceeds one hundred rupees or isnotpaidinthemannerpermittedby
subsection (1), that sum shall, for the benefit of that person, be paid into the District Court orthePrimaryCourt
having jurisdiction over the place where that land or the servant tenement of that servitude is situated, accordingas
that sum exceeds or does not exceed one thousand five hundred rupees.

Compensation which cannot be paid to person to whom it is payable or who may be entitled thereto. [ 12, 28 of 1964]
33. Where any person to whom any compensation for the acquisition ofalandorservitudeunderthisActispayable
declines to receive it when it is tendered to him, or is dead or cannot be found after diligentsearch,orwhereno
person entitled to any compensation for the acquisitionofalandorservitudeunderthisActisknown,that
compensation shall be paid into the District Court or the Primary Court having jurisdiction over the placewherethat
land or the servant tenement of that servitude is situated, according as the amount ofthatcompensationexceedsor
does not exceed one thousand five hundred rupees, to be drawn by the person entitled thereto.
Notice of the payment of any sum as provided in this section shall be published in the Gazetteandinatleastone
Sinhala daily newspaper, one Tamil daily newspaper, and one English daily newspaper circulating in Sri Lanka.

Renunciation of right to compensation.
34. (1)If any person to whom compensation is payable under this Act for his interest in any landwhichistobe
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 herenouncessuchright.Suchdeclarationshallbeconclusive
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 ofcompensationwhichwouldhave
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 declarationmadeundersubsection(1),provesthathewas
entitled to such interest in the land to which that declaration relates as was claimed by that declarant, heshallbe
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.

Interest on compensation
35. Where the amount of compensation payable under this Act toanypersonfortheacquisitionofanylandor
servitude is not paid to him or into court before the date on which an Order under section 38 in respect ofthatland
or servitude is published in the Gazette, that amount shall be paid with interest thereon ataprescribedratefrom
that date up to the date of payment:

[13,28 of 1964]
Provided that, where compensation is paid in pursuance of the first proviso to section 29, the rate atwhichinterest
is payable on the balance compensation referred to in paragraph (ii) of that proviso, or on any partofsuchbalance
compensation, shall be such rate as may be fixed generallyinthatbehalfbytheSecretarytotheTreasuryby
notification published in the Gazette.

Exchange.
36. (1)Any person to whom compensation for the acquisition of any land is payable under this Act may enterintoa
written agreement with the acquiring officer of the district in which that land is situated to accept, in lieuofthe
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 thetransfer
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 anagreementexecutedundersubsection(1),such
transfer shall, for the purposes of this Act, be deemed to be paymentofthecompensationinlieuofwhichsuch
transfer is accepted by that person. [* Subsection (4) of section 36 is omitted in view of section 2 oftheAbolition
of Fidei Commissa and Entails Act]

Finality as to payment of compensation.
37. Where compensation for the acquisition of any land or servitude has been, or is deemedtohavebeen,paidin
accordance with the provisions of this Act,nofurtherclaimagainsttheGovernmentforcompensationforsuch
acquisition shall be allowed.

PART V

POSSESSION AND DISPOSAL

Order for taking possession of a land, or subjecting a land to a servitude.
38.At any time after an award is made under section 17, the Minister may by Order published in the Gazette"
(a)where the award relates to the acquisition of any land, direct the acquiringofficerofthedistrictin
which that land is situated, or any other officer authorized in that behalf by such acquiringofficer,totake
possession of that land for and on behalf of the State, or
(b)where the award relates to the acquisitionofanyservitude,declarethatthelandoverwhichthat
servitude is to be acquired shall be subject to that servitude :
Provided that the Minister may make an Order under the preceding provisions of this section-
(a) where it becomes necessary to take immediate possession of any land on the ground of anyurgency,at
any time after a notice under section 2 is exhibited for the first time in the area in whichthatlandis
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,atany
time after a notice under section 4 is exhibited for the first time on or nearthelandoverwhichthat
servitude is to be acquired.

Immediate possession of certain lands acquired for the purposes of local authorities. [ 32,48 of 1971]
38A.(1)Where any land is being acquired for the purposes of a local authorityandthepreliminaryvaluationof
that land made by the Chief Valuer of the Government does not exceed the specified sum,theimmediatepossessionof
such land on the ground of urgency, within the meaning of the proviso to section 38, shall bedeemedtohavebecome
necessary, and accordingly the Minister may make an Order of possession under section 38 of this Act.
(2) In subsection (1) "specified sum" means-
(a)in the case of an acquisition for the purpose of a Village Council or a Town Council,twenty-fivethousand
rupees
(b)in the case of an acquisition for the purpose of an Urban Council, seventy-five thousand rupees
(c)in the case of an acquisition for the purpose of a Municipal Council, one hundred thousand rupees.
(3) The provisions of subsection (1) shall not be construed to limit in any way the powers of theMinistertomake
any Order of possession of any land on the ground of any urgency under section 38 of this Actwhichhemaylawfully
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 LocalAuthorities
(Special Provisions) Act, No. 48 of 1971]

Revocation of vesting orders.
39. (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, ifpossessionofthelandhasnot
actually been taken for and on behalf of the State in pursuance of that Order, by subsequentOrderpublishedinthe
Gazette revoke the vesting order.
(2) Copies of any Order under subsection (1) shall be published in at least one Sinhala dailynewspaper,oneTamil
daily newspaper, and one English daily newspaper circulating in the area in which the land to which theOrderrelates
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 nevertohave
vested in the State by virtue thereofand any question which might arise as to any right, title or interest to, inor
over the land shall be determined accordingly.

Divesting of lands where actual possession has been taken.
39A.(1)Notwithstanding that by virtue of an Order under section 38 (hereafter in this section referred toasa"
vesting Order") any land has vested [ 2, 8 of 1979] absolutely in the State and actual possessionofsuchlandhas
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"
(a)no compensation has been paid under this Act to any person or persons interested in the land in relationto
which the said divesting Order is to be made
(b)the said land has not been used for a public purpose after possession of such land hasbeentakenbythe
State under the provisions of paragraph (a) of section 40
(c)no improvements to the said land have been effected after the Order for possession underparagraph(a)of
section 40 had been made and
(d)the person or persons interested in the said land have consented in writing to take possession of suchland
immediately after the divesting Order is published in the Gazette.

(3) Copies of any divesting Order made under subsection (1)shallbepublishedinatleastoneSinhaladaily
newspaper, one Tamil daily newspaper, and one English daily newspaper circulating in the areainwhichthelandto
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 vestingOrderreferred
to in subsection (1) is subsequently divested by a divesting Order under the said subsection:-
(a)that land shall be deemed never to have vested in the State by virtue of that vesting Order
(b)every right, title, or interest in or over that land of a person interested in thatlandexistingatthe
time the vesting Order was published in the Gazette shall be deemed not to have been extinguished and everysuch
right, title or interest shall be valid and enforceable notwithstanding such vesting Order
(c)the person or persons interested in that land at the time the vesting Order waspublishedintheGazette
shall forthwith be restored to possession of the said land
(d)all claims made under this Act to the compensation payable in respectofthatlandandallproceedings
taken under this Act in relation to such claims before the divesting Order took effect shall be deemed to be null
and void
(e)no fresh claims to compensation in respect of that land and noclaimfordamagesagainsttheState,a
public officer or the Minister by any person or persons interested in that land at the time the vesting Order was
published in the Gazette or subsequent thereto, shall be entertained or allowed in any court or tribunaland
(f)the preceding provisions of this section shall have effect notwithstanding anything in anyotherprovision
of this Act or in any other written law.
Effect of Order under section 38
40.When an Order of the Minister under section 38 is published in the Gazette, then"
(a)where that Order is in regard to the taking possession of a particular land, that land shall, byvirtueof
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 Ordermay,onorafterthatdate,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 particularservitude,thatland
shall be subject to that servitude, and that servitude may be utilized for the public purpose forwhichitwas
acquired, on and after the aforesaid date.

Order under section 38 to be conclusive evidence of certain facts. [ 14, 28 of 1964]
40A. Where an Order of the Minister under section 38 is published in the Gazette, then,-
(a)where that Order is in regard to the taking possession of a particular land, that Order shall, forsolong
only as it is not subsequently revoked under section 39, be received in all courts as conclusive evidence ofthe
title of the State to that landor
(b)where that Order is in regard to the subjection of a particular land to a particular servitude,thatOrder
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.

Provisions for application of act where order under proviso to section 38 is made.
41. In any case where an Order is made under the proviso to section 38 for the taking of immediate possession ofany
land or for the immediate acquisition of any servitude on the ground of urgency, then
(a)if the provisions or any of the provisions of section 4 have not been complied with prior to themakingof
the Order it shall not be necessary to comply with those provisions or suchofthoseprovisionsashavenot
already been complied with
(b)if a declaration under section 5 has not been made prior to the making of such Order,adeclarationshall
be made and published in terms of that section notwithstanding that all or any of theprovisionsofsection4
have not been complied with and
(c)notwithstanding that such Order takes effect as provided in section 40,alltheprovisionsofthisAct
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.

Possession.
42. (1)No officer Shall, under section 40, take possession of any occupied building oranypartofanoccupied
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 isunableorapprehends
that he will be unable to take possession of that land because of any obstruction or resistance which hasbeenoris
likely to be offered, such officer shall, on his making an application in that behalf to the Magistrate's Courthaving
jurisdiction over the place where that land is situated, be entitled to an order of that court directing the Fiscalto
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 shallforthwithexecute
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),theFiscalorany
person acting under his direction may use such force as may be necessary to enter the land to which that orderrelates
and to eject any person in occupation of that land and to deliver possessionofthatlandtotheofficerwhois
authorized to take possession of that land for and on behalf of the State.

Access to unacquired portion of land.
43. Where a portion of a building is acquired under this Act and possession thereof is taken by anofficerforand
on behalf of the State, that officer or any other officer authorized by him in thatbehalfmay,togetherwithsuch
persons, vehicles, animals and implements as may be necessary, enter the premises on which the restofthatbuilding
stands for the purpose of demolishing the acquired portion of that building.

Vesting of land in local authority or other body. [ 15, 28 of 1964]
44. (1)Where any land which is required for the purposes of any local authority or of any other person orbodyof
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 forandon
behalf of the State, by a certificate issued under his hand, vest that land in such local authority or suchpersonor
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 orofanyotherpersonorbodyof
persons-
(a)was, in pursuance of any other written law, acquired for such purposes under the Land AcquisitionOrdinance
repealed by Act No. 9 of 1950and
(b)was taken possession of under that Ordinance for and on behalf of the State but is not on the date onwhich
this Act comes into force vested in such local authority or such person or body of persons, as the case may be,
that land may be so vested in the manner provided by subsection (1).

PART VI

ASSESSMENT OF COMPENSATION

Market value [ 2,13 of 1986]
45. (1)For the purposes of this Act the market value of a land in respect of which a noticeundersection7has
been published shall, subject as hereinafter provided, be the amount which the land might be expected to haverealized
if sold by a willing seller in the open market as a separate entity on the date of publication of thatnoticeinthe
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 anyrateortax
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-
(a)where it is a new servitude which is to be created by its acquisition underthisAct,betheamountby
which the market value of the servant tenement of the servitudewillbediminishedbythecreationofthe
servitude, or
(b)where it is an existing servitude which is to be extinguished by the acquisition of theservitudeandits
servant tenement under this Act, be the amount by whichthemarketvalueofthedominanttenementofthe
servitude will be diminished by the extinction of the servitude.
(3) Where any portion of a land which is to be acquired under thisActissituatedwithinanystreetlinesor
building limit defined by or under any other written law, the market value of that portion shall bethemarketvalue
which that portion would have if it does not fall within such street lines or building limit :
Provided that the acquiringofficershall,notwithstandinganythinginthisAct,tenderandmakepaymentof
compensation in respect of that portion of land in the following manner :-
(a)he shall forthwith on the making of an award under section 17inrespectofthatportion,paytothe
persons entitle to compensation according to that award in the proportions in which suchcompensationhasbeen
apportioned to such persons by that award, cash in an amount equal to-
(i) the market value of such portion of land on March 31, 1978 or
(ii)the market value of such portion of land on the date on which thestreetlinesorbuildinglimits
within which such portion is situated, were defined, whichever date is later and
(b)the difference between the market value of that portion of land on the date on which a notice undersection
7 was published in respect thereof and the amount paid under paragraph (a) shall be paid to the personsentitled
to compensation according to the award made under section 17 in the proportions in whichsuchcompensationhas
been apportioned to such persons by that award, in the form of Government bonds escapableaftertenyearsand
carrying interest at the current rate of interest payable on medium-term Government bonds issued bytheCentral
Bank of Sri Lanka .

Assessment of compensation.
46. (1)The amount of compensation to be paid under this Act to any person interested in a land shall-
(a)where the compensation is for the acquisition of that land, be based on the market value of that land, or
(b)where the compensation is for the acquisition of a servitude over that land, be based onthemarketvalue
of that servitude,
and shall be proportionate to his interest in that land. No additional compensation shall be allowedtohimin
consideration of the compulsory nature of the acquisition, but, where it is the land which is to be acquired,he
shall be entitled to"
(i) compensation for any damage sustained by reason of the severance of the land from his other land,the
severance being deemed to occur on the date on which the notice under section 7 in respect ofthelandis
published in the Gazette
(ii)compensation for any damage sustained by reason of the acquisition of the land injuriouslyaffecting,
in any manner other than that mentioned in paragraph (i), hisadjoininglandoranyimmovableproperty
thereon, the injurious affection being deemed to occur on the aforesaid date
(iii) compensation for any such loss of earningsfromanybusinesscarriedonthelandonthe
aforesaid date as may be caused by the acquisition of the land and
(iv)any reasonable expenses of effecting any change of residence necessarily caused by the acquisitionof
the land:
Provided that-
(a) the total amount of the compensation under paragraph (i) and paragraph (ii) of thissubsectionshall
not exceed twenty per centum of the market value of the land to be acquired
(b) the amount of the compensation under paragraph (iii) of this subsection shall not exceedthreetimes
the average annual net profits from the business, as shown by the books of accounts, for the threecalendar
years immediately preceding the date on which the notice under section 7 in respect of the land is published
in the Gazetteand
(c) no compensation shall be allowed under paragraph (iii) of this subsection if the business is thesale
or disposal of the produce of the land to be acquired.
(2) Where any premises which are to be acquired under this Act are, and but for theircompulsoryacquisitionwould
continue to be, devoted to a purpose of such a nature that there is no general demandormarketforlandforthat
purpose, the compensation payable in respect of those premises under this Act may, if the acquiringofficerassessing
the compensation is satisfied that the persons interested in those premises genuinely intend, when thosepremisesare
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 acquiredunder
this Act.

Improvements made by State to be ignored in determining compensation for acquisition of land. [ 16, 28 of 1964]
46A.In determining under section 46 the compensation to be paid to any person for the acquisition of any land,noaccount
shall be taken of any improvements made on the land by the State whether before or after the dateofcommencementof
this Act.

Deduction.
47. Where the compensation assessed under section 46 is for the acquisition of only a part of anyland,theamount
by which the market value of the remaining part of that land is likely to increase by reason of such acquisitionshall
be deducted from the amount of such compensation, the amount of the deduction being not more than twenty per centumof
the market value of such part of that land as is acquired under this Act.

Matters to be ignored.
48. In determining under section 46 the compensation to be paid to any person for the acquisition of a landorservitude,
none of the following matters shall be taken into consideration:"
(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 liabletoa
suit
(d)any damage which, after the award of compensation, is likely to be caused by or in consequenceoftheuse
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 itwill
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 respectofthe
land was given or exhibited unless such outlay or improvement was reasonably for the purposeofmaintainingor
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 onlyunder
statutory powers or for which there is no market apart from the special needs of a particularpurchaserorthe
requirements of any Government department or local authority or of any body of persons constitutedbyorunder
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 orof
any premises thereon in a manner which can be restrained by any court or is contrary to law or is detrimentalto
the health of the inmates of the premises or to the public health.

PART VII

GENERAL
Compulsory acquisitions authorized by any other written law.
49. Where any other written law authorizes the acquisition of land under this Act and the Minister decidesthatany
land is reasonably required under such other written law by any authority, person or body of persons, thepurposefor
which that land is required shall be deemed to be apublicpurposeandtheprovisionsofthisActshallapply
accordingly to the acquisition of that land for that authority, person or body of persons.

Acquisition of land for the purposes of a public corporation. [17, 28 of 1964]
49A.(1)Where any land is required for any purpose of a public corporation and theacquisitionofsuchlandfor
that purpose under this Act is not authorized by any other written law, theMinistertowhomthesubjectofthat
corporation has been assigned under the Constitution may, by Order published in the Gazette, declare that such landis
so required, and upon such publication that purpose shall be deemed to be a public purpose, and the provisions ofthis
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 corporationwhichwas,oris,
established with capital wholly or partly provided by the Government.

Abandonment of acquisition proceedings.
50. (1) The proceedings commenced under this Act for the acquisition of anylandorservitudemay,atanytime
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 areabandonedafter
a person interested in the land which is to be acquired or over which the servitude is tobeacquired,hasincurred
costs by reason of any proceedings taken under this Act in any court or before the board, the Government shallpayto
that person the amount of those costs as determined by that court or the board.

Order, direction or declaration of Minister.
51. Any order, declaration or direction of the Minister under this Actmaybesignifiedunderthehandofthe
Secretary or any Assistant Secretary to the Ministry.
Certain actions under this Act before any court to be given priority. [ 2, 20 of 1969]
51A.(1) Where any decision, declaration or Order to which this section applies, and any act or thingdoneunderorin
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 141of
the Constitution, such court shall give the highest priority to the hearing and disposalofsuchaction,appealor
application, and for that purpose shall ordinarily hear and dispose of such action, appeal orapplicationbeforeall
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 madeundersection5,andany
Order made under section 38.

Notices.
52. Where this Act requires a notice relating to a land to be given to anypersoninterestedinthatland,that
notice shall be deemed to be given to him if-
(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-
(i) it is sent by registered letter through the post to any occupier of that land, or
(ii)in the absence of such an occupier, it is exhibited in some conspicuous places on or near that land.

informality or irregularity.
53. No informality or irregularity occurring in any matter or proceedings under this Act shall invalidateoraffect
the title of the State to any land acquired under this Act.

Limitation of loctrine of res adjudicate-
54.Where in any proceedings in a court under this Act the court makes a determination of the question oftitleto
a land under such circumstances that in any subsequent legal proceedings such determination would be deemed toberes
adjudicate as between the parties to the first-mentioned proceedings, suchdeterminationshallnotoperateasres
adjudicate except so far as it relates to such portion of that land as has been actually acquired under this Act.

Powers of Chief Valuer and his agents.
55. The Chief Valuer of the Government, or any officer authorized by him in that behalf, may-
(a)examine any such record, document or plan kept at the office of a local authority asrelatestoanyland
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 occupieroftheland,
and
(c)require any person who is or was at any time the owner or occupier of any such land to render to him, onor
before the date specified in the requisition (such date not being earlier than the fourteenth day after thedate
of the requisition), a return, on such form as he may supply to that person, setting out particularsinrespect
of such prescribed matters within the knowledge of that person as may be specified in the form.

Registered valuers.
56. (1)After such date as may be appointed by the MinisterbynoticepublishedintheGazette,theopinion,
regarding the value of any land which is to be acquired under this Act, of any person other than a person who is oris
deemed to be a registered valuer, shall not, at any proceedings before the board, be regardedastheopinionofan
expert.
(2) For the purposes of subsection (1), every valuer of the Valuation Department of the Governmentshallbedeemed
to be a registered valuer.
Cont..




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