Sri Lanka Consolidated Acts

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Pradeshiya Sabhas Act (No. 15 of 1987) - Sect 58

Proof pf right to apparent encroachment to rest upon the owner

58.
(1) "Whenever it appears to any Pradeshiya Sabha that the line of any thoroughfare under the control of the Pradeshiya Sabha has been altered without proper authority, or has been stopped up, or obstructed, or encroached upon, the Pradeshiya Sabha shall give notice in writing to the occupier of the land from off which the- thoroughfare is alleged or suspected to have been turned, or upon which such stoppage or obstruction or encroachment is alleged or suspected to have been made, that a survey of the premises has been made by the direction of the Pradeshiya Sabha, and is open to the inspection of such occupier at a place to be mentioned in the notice, and that unless within one month from the service of the notice, he, or the person under whom he holds, takes legal proceedings for establishing his title to such land, and for preventing the removal LU any such obstruction or encroachment, the Pradeshiya Sabha wm proceed with the removal thereof in manner provided by section 59.
(2) If no legal proceedings are taken within the time specified in subsection (1, or being taken are not duly prosecuted, it shall be the duty of the Pradeshiya Sabha to cause any such obstruction or encroachment to be forthwith removed as provided by section 59.
(3) Where legal proceedings are taken, it shall be incumbent on the party claiming to be the owner of the land from off which the line of any thoroughfare is alleged to have been altered or turned. or upon which the stoppage or obstruction or encroachment is alleged to have been made, to prove his title to such land.


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