59.
| (1) It shall be lawful for any Pradeshiya Sabha through any person authorized by the Pradeshiya Sabha in that behalf, to give orders verbally or by notice in writing, to any person obstructing or encroaching upon any thoroughfare under the control of the Pradeshiya Sabha forthwith to remove or abate the obstruction or encroachment; and if any person to whom such order is given refuses or neglects to comply therewith within a reasonable time, or, if there be any doubt as to who is the proper person to whom such order should be given after such notice has been affixed for a reasonable time to such obstruction or encroachment, it shall be lawful for the Pradeshiya Sabha to cause any such obstruction or encroachment to be forthwith removed or abated. |
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| (2) For the purpose of removing or abating any obstruction or encroachment under subsection (1) it shall be lawful for the Pradeshiya Sabha, or any person authorized in writing by the Pradeshiya Sabha to enter into any houses garden, enclosure, or other premises, together with such persons and with such implements and materials as may be necessary, and to proceed to do or take therein or cause to be done or taken all such acts or measures as may be necessary for such removal or abatement. |
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| (3)" The costs incurred by the Pradeshiya Sabha in the removal or abatement of any obstruction or encroachment shall be payable by the person whose failure to comply with an order under subsection (1) caused such costs to be incurred; and such costs, where they are not paid by such person on demand, shall be certified by the Chairman of the Pradeshiya Sabha to the Magistrate's Court having jurisdiction over the area where such person resides and shall be recovered by that court in like manner as a fine imposed by the Court. All moneys so recovered shall be pa d by the Court into the Pradeshiya Fund. |
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| (4) Where the removal or abatement of any obstruction or encroachment is effected after the due production of all deeds, documents, and instruments effecting the title to such premises and such premises are nevertheless adjudged to be the property of the party laying claim to the same, such party shall be entitled to compensation from the Pradeshiya Sabha for all loss and injury occasioned thereby; but if the party claming to be the owner of such premises shall refuse or neglect to produce all such deeds, documents and instruments, of if such deeds, documents and instruments shall not be produced within ten. days after application in that behalf, and any such pradeshiya Sabha shall nevertheless have caused the removal of such building, enclosure, or encroachment, then, in the event of such premises being adjudged to be the property of the party claiming to be the owner thereof, such party shall not be entitled to any compensation for any loss or injury occasioned thereby. |
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Sri Lanka Consolidated Acts