Sri Lanka Consolidated Acts

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Anuradhapura Preservation Board Act (No. 32 of 1961) - Sect 16

Possession of land in Area of Authority otherwise than under Land Acquisition Act

16.
(1) The Board may, by notice published and displayed in accordance with the provisions of sub-section (2), require every person who claims any right, title or interest to or in any land situated in such part of the Area of Authority as is described in the notice to prefer his claims in writing to the Board 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, one newspaper in the Tamil language, and one newspaper in the English language, and shall be displayed, in accordance with direction of the Board, at conspicuous places in such part of the Area of Authority as is described in the notice.
(3) Where the Board requires for any of its purposes any land situated in such part of the Area of Authority as is described in a notice published and displayed under the preceding provisions of this section and where no claims of any right, title or interest to or in that land has been made to the Board as required by that notice or all the claims made in respect of that land are, after due investigation, considered by the Board to be invalid, the Board may 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 Board may, for and on behalf of the Board, take possession of any land referred to in subsection (3).
(5) Where any person who is authorized in writing by the Board to take possession of any land referred to in subsection (3) is unable to take possession of that land because of any obstruction or resistance which has been offered, 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 Board.
(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 such land for and on behalf of the Board.
(8) No person shall offer any obstruction or resistance to any person who is acting in pursuance of subsection (4).


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