As enacted

Contents

Resettlement Authority Act 2007 · As enacted · Part II · Objectives, Functions and Powers

18. Compulsory acquisition of land

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

Where any land or any interest in any land within any designated area is required by the Authority for the implementation of any of the projects and the Minister by

Order published in the Gazette approves the proposed acquisition, such land or interest in land may accordingly be acquired under the Land Acquisition Act and be transferred to the Authority as if such land or interest in land is required for a public purpose:

Provided however, that where any land or any interest in any land of an estate situated within the designated area is required by the Authority, the Minister shall consult the

Minister in charge of the subject of Plantation Industries, before publishing the Order, under this section for the acquisition of such land or interest in such land.

(2)

In any case where any land or any interest in any land within any designated area is to be acquired under the Land

Acquisition Act for any purpose of the Authority and public notice of the intention to acquire that land or interest is published as required by that Act, any time within a period of three years commencing from the date of publication of the

Order under subsection (1), the following provisions shall apply for the purpose of determining the amount of compensation to be paid in respect of that land or interest, notwithstanding anything to the contrary in that Act—

(a)

the market value of the land shall be deemed to be the market value, the land would have had, on the date of publication of such Order, if it then were in the same condition as it is at the time of acquisition, increased by a reasonable amount on account of bona fide improvements if any, effected to such land after such date;

(b)

in ascertaining the market value of the land at the date of publication of such Order, no account shall be taken of any benefit or increase in value which may have accrued, or any expectation of benefit or increase in value likely to accrue directly or indirectly, from any work of development or other operation of the Authority in pursuance of this Act.

Read on from s 19

Part III

Finance

Read on from Part III