50.
| (1) It shall be the duty of every Pradeshiya Sabha, within three years after the date of the constitution thereof or within such further period as may in the special circumstances of any case be allowed by the Minister or upon the directions of the Minister, and within such period of time if any, which he may allow
| | (a) to demarcate by permanent marks the building limit prescribed by section 49 on every road referred to in that section; | | |
| | (b) in the case of each road on which the building limit has been so demarcated, to ascertain and record the value of each building, boundary wall, or gateway or part thereof situated or extending within such limit; and | | |
| | (c) in the case of any road on which the building limit has not been demarcated, to ascertain and record the value of each building, boundary wall or gateway in respect of which a licence under section 49 is granted by the Pradeshiya Sabha for the purposes of any re-erection or addition. | | |
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| (2) The value of any building, boundary wall or gateway shall, for the purposes of subsection (1)
| | (a) be fixed by agreement between the Pradeshiya Sabha, and the owner or owners of the building, boundary wall or gateway; or | | |
| | (b) where it is not so fixed by agreement, be determined by the arbitration of two arbitrators, one nominated by the owner or owners of the building, boundary wall or gateway and the other by the Pradeshiya Sabha, or if such arbitrators cannot agree upon the said value, by an umpire chosen jointly by the two arbitrators. | | |
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| (3) In determining the value of any building, boundary wall or gateway or any part thereof for the purposes of subsection (2), the following principles shall be followed :
| | (a) where any building, boundary wall or gateway, or any part thereof, the removal of which would render the remaining part useless, is situated within the building limit of any road, and. where, for that reason, at the time of the widening of the road the removal of the entire building, boundary wall or gateway will become necessary, the value of the entire building, boundary wall or gateway shall be determined; and such value shall be the difference between the market value of the premises, that is to say, of the building, boundary wall or gateway together with the land attached thereto, at the time of the demarcation of the building limit, and the market value at that time of the land as distinct from the building, boundary wall or gateway; | | |
| | (b) where only a part of a building, boundary wall or gateway is situated within the building limit of any road, and after the severance and removal of such part the remaining part will be capable of adaptation either to the original purpose of the building, boundary wall or gateway or to any other purpose permitted by law, the value of the part within the building limit shall alone be determined; and such value shall be the aggregate of
| | | (i) the estimated cost of the severance and removal of that part of the building, boundary wall or gateway; and |
| (ii) the estimated cost, in the case of a building of adapting the part of the building which will then remain to the purpose for which the building is used at the time of the demarcation of the building limit, and in the case of a boundary wall or gateway, of completing such additions or repairs as may be necessary; |
| (iii) where, at the time of the demarcation of the building limit on any road, the value of any" building, boundary wall or gateway is found to have been increased by any alteration or 0 improvement effected in the building, boundary wall or gateway after the date of the constitution of the Pradeshiya Sabha, then notwithstanding that the alteration or improvement may have been authorized by a licence under section 49, the amount of the increase shall not be taken into account unless the alteration or improvement was necessary for the maintenance of the building, boundary wall or gateway in a proper state of repair. |
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| (4) Every award or agreement made or entered into, a!; the case may be, under subsection (2) in respect of the value of any building, boundary wall or gateway or part thereof, shall specify the particular paragraph or paragraphs of subsection (3) in accordance with which the value aforesaid was fixed or determined. |
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| (5) The value of each building, boundary wall or gateway or part thereof situate within a building limit, fixed or determined as provided in subsection (2) shall be recorded in the office of the Pradeshiya Sabha together with all agreements or awards by which the value so recorded may be verified. |
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| (6) For the purpose of demarcating the building limit of any roan it shall be lawful for any officer, servant or workman of the Pradeshiya Sabha, to enter upon any private land, adjoining the road and to erect permanent marks at convenient places, taking all such precautions as may be necessary to ensure that as little damage as possible is caused to the land compensation shall be paid by the Pradeshiya Sabha for any damage so occasioned. |
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| (7) Where the building limit of any road ha. been demarcated under this section, nothing in any of the of the provisions of this Act shall be deemed to preclude the Pradeshiya Sabha, from letting or leasing any part of the road not included within such building limit for the purpose of affording; blinding facilities along the road, or from using or permitting the of any such part for any public prior permitting the use of any such part for any public purpose. |
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| (8) Nothing in this section shall apply to, or in the case of any road in respect of which street lines providing for a roadway exceeding fifty feet in width have been defined under this Act or the Housing and Town Improvement Ordinance or any other law. |
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Sri Lanka Consolidated Acts