Pradeshiya Sabhas Act (No. 15 of 1987)

Sri Lanka Consolidated Acts

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Pradeshiya Sabhas Act (No. 15 of 1987) - Sect 53

Principles of assessing compensation in respect of land developed by building

53.

(1) Where any land which is situated within the building limit demarcated On a road, and which has been developed by the erection of any building wholly or partly within that building limit is acquired for the purposes of the widening of that road, the determination or the compensation payable in such case under the Land Acquisition Act shall be subject to the following special provisions notwithstanding anything to the contrary contained in that Act

	(a) no compensation shall be allowed in respect of any building, boundary wan or gateway which at any time after the date of the constitution of the Pradeshiya Sabha has been erected in contravention of section 49 or re-erected or added to without the licence required by that section :

	(b) the value assigned 'to the land as distinct from the buildings thereon shall be the market value of the land at the time of the acquisition;

(i) if the remaining portion of such premises is a building of the same character as the building which is to be acquired, the market value assigned. to the land shall be one half of the value at that time, of similar land in the vicinity possessing a road frontage; and

(ii) if the remaining portion of such premises is not of sufficient depth for the purpose mentioned in sub-paragraph (i), the market value assigned to the land Shall be the value at that time of similar land in the vicinity possessing a road frontage ;

	(d) regard shall be had to any increase, in the value of any other land or building belonging to the same owner or owners, which is likely to accrue from any widening of the road carried out after the acquisition of the !and or the demolition of any building, boundary wall or gateway situated thereon;

	(e) no additional compensation shall be allowed in respect of the compulsory nature Future acquisition whether in the Case of the building or in the case of the land.

(2) In any case referred to in paragraph (c) (ii) of subsection (1), the owner shall have the option of requiring the Pradeshiya Sabha to acquire the entirety of his premises at the rate at which the portion which the Pradeshiya Sabha originally proposed to acquire, was valued under that paragraph.

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