Sri Lanka Consolidated Acts

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Mahaweli Authority Of Sri Lanka Act (No. 23 of 1979) - Sect 24

Possession of land in any Special Area otherwise than under the Land Acquisition Act

24.
(1) The Authority may, by notice published and displayed in accordance with the provisions of subsection (2), require every person who claims any right, title or interest to or in any land situated in such part of a Special Area as is described in the notice to prefer his claim in writing to the Authority within such time as may be specified in the notice.
(2) The notice referred to in subsection (1) shall be published in the Gazette and in at least one newspaper in the Sinhala language and one newspaper in the Tamil language and shall be displayed, in accordance with directions of the Authority, at conspicuous places in such part of a Special Area as is described in the notice.
(3) Where the Authority requires for any of its purposes any land situated in such part of a Special Area as is described in a notice published and displayed under the pre ceding provisions of this section and where no claim of any right, title or interest to or in that land has been made to the Authority as required by that notice or all the claims made in respect of the land are, after due investigation, considered by the Authority to be invalid, the Authority may with the approval of the Minister, take possession of that land and cause any work to be done thereon, notwithstanding that no proceedings under the Land Acquisition Act have been taken in respect of that land.
(4) Any person authorized in writing in that behalf by the Authority may, for and on behalf of the Authority take possession of any land referred to in subsection (3).
(5) Where any person who is authorized in writing by the Authority to take possession of any land referred to in subsection (3) is unable to take possession of that land be cause of any obstruction or resistance which has been offer ed, he shall, on his making an application in that behalf to the Magistrate's Court having jurisdiction where that land is situated, be entitled to an order of that court directing the Fiscal to deliver possession of that land to him for and on behalf of the Authority.
(6) Where an order under subsection (5) is issued to the Fiscal by a Magistrate's Court, he shall forthwith execute that order and in writing report to that court the manner in which that order is executed.
(7) For the purpose of executing an order issued by a Magistrate's Court under subsection (5), the Fiscal or any person acting under his direction may use such force as may be necessary to enter the land to which that order relates and to eject any person offering obstruction or resistance and to deliver possession of that land to the person who is duly authorized to take such possession for and on behalf of the Authority.


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