Sri Lanka Consolidated Acts

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Mahaweli Authority Of Sri Lanka Act (No. 23 of 1979) - Sect 25

Effect of possession under section 24

25.
(1) Any land of which possession is taken by the Authority under section 24 shall, with effect from the date of commencement of such possession, vest absolutely in the Authority free from all encumbrances.
(2) No person claiming any right, title or interest in any land of which possession has been taken by the Authority under section 24 shall, save as provided in subsection (3) of this section, be entitled to institute any suit or other legal proceeding against the Authority in respect of that land, or of taking possession thereof by the Authority or of the doing of any work thereon by or under the Authority.
(3) Any person who would but for the provisions of sub section (1) have any right, title or interest to or in any land of which possession has been taken by the Authority under section 24 may institute in a court of competent jurisdiction an action against the Authority for a declaration of such right, title or interest and for obtaining compensation from the Authority in respect of that land.
(4) The amount of compensation which is to be awarded to any person in an action under subsection (3) shall, save as otherwise provided in subsection (5), be determined on the basis on which compensation would be determined under the Land Acquisition Act if the land in respect of which compensation is to be awarded were acquired under that Act.
(5) Where compensation is to be awarded to any person in an action under subsection (3) in respect of a land of which possession has been taken by the Authority at any time within the period of three years commencing on the date of the Order made under section 4 (1) in respect of any Special Area within which such land is situated, the provisions of paragraphs (a) and (b) of, subsection (2) of section 23 shall apply for the purpose of determining the amount of such compensation.


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