Sri Lanka Consolidated Acts

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Tourist Development Act (No. 14 of 1968) - Sect 2

Compulsory acquisition of land

2.
(1) Where the acquisition of any land is necessary so as to make it available to the Board for the purpose of any tourist development project, whether such project is to be carried out by the Board or by any other person under the general direction and control of the Board, and the Minister by Order published in the Gazette approves the proposed acquisition so as to make such land so available,-
(a) the purpose of that project shall be deemed to be a public purpose, and such land may be acquired under the Land Acquisition Act for the purpose of that project, and may be subsequently vested in the Board in the manner provided by sub-section (2); and
(b) accordingly, no such Order, acquisition and subsequent vesting shall be deemed to have been, and to be, invalid by reason only of the fact that such land is subsequently alienated by the Board to any other person for the purpose of carrying out that project under and in accordance with the provisions of this Act.
(2) Where any land is, in pursuance of sub-section (1), acquired under the Land Acquisition Act so as to be made available to the Board for the purpose of any tourist development project, the acquiring officer of the district in which that land is situated shall. after possession of that land has been taken for and on behalf of Her Majesty, by a certificate issued under his hand, vest that land in the Board, subject to such conditions or restrictions, if any, as may be specified in the certificate.
(3) The expression " public corporation " in section 49A of the Land Acquisition Act shall be deemed to include the Board and that expression shall, for the purposes of that Act, be construed accordingly.
(4) Where any land in any area is, in pursuance of the provisions of this Part, acquired under the Land Acquisition Act for the purpose of being made available to the Board for any tourist development project, then, notwithstanding anything to the contrary in the Land Acquisition Act, in ascertaining the market value of the land for the purpose of deter mining the compensation payable in respect of that land, no account shall be taken of any benefit or increase in value which has accrued or of any expectation of any benefit or increase in value likely to accrue, directly or indirectly, from any work of development or any other operation carried out by the Board, the Government or any Resort Authority in pursuance of the provisions of this Act.


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