11.The following new section is hereby inserted immediately after section 20, and shall have effect as section 20A, of the principal enactment:
| 20A.
| | (1) The Commissioner of National Housing may, on application made in that behalf and notwithstanding anything in this or any other law, make order authorizing the landlord of any premises where there is within the boundaries of such premises appurtenant land exceeding eight perches in extent, to construct any building for residential purposes on such land or to make such extensions to existing buildings as are capable of being used for residential purposes: | | |
| | (2) Where the tenant of any premises in respect of which an order is made under subsection (1) refuses to permit the landlord of such premises to construct such building or to make such extensions as is or are referred to in such order, the Commissioner of National Housing shall issue a certificate to the Magistrate's Court of the division within which such premises are situated, setting forth the following facts, namely:
| | | (a) that he has made order authorizing the landlord of such premises to construct a building for residential purposes on the appurtenant land within such premises or to make such extensions to existing buildings as are capable of being used for residential purposes; |
| (b) that such order was communicated to the tenant of the premises ; |
| (c) that such tenant has refused to permit such landlord to construct such building or to make such extensions; and |
| (d) praying for the delivery of possession of such part of the appurtenant land within such premises as is specified in the certificate (hereafter in this section referred to as "the relevant area of land ") to the landlord of such premises. |
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| | (3) Every certificate issued under sub section (2) shall be prima facie evidence of the facts stated therein. | | |
| | (4) Upon receipt of a certificate issued under subsection (2), a Magistrate's Court shall forthwith issue, and if need be, re issue, a writ of possession to the Fiscal of the district in which the relevant area of land is situated requiring and authorizing such Fiscal before a date specified in the writ, and not being a date earlier than three or later than seven clear days of the date of the issue of such writ, to deliver possession of the relevant area of land to the person specified in the certificate issued by the Commissioner of National Housing tinder subsection (2), Such writ shall be sufficient authority for such Fiscal or any police officer authorized by him. in that behalf to enter the relevant area of land with such assistants as the Fiscal or such officer shall deem necessary and to give possession accordingly. | | |
| | (5) Where the number of residential units determined by the Commissioner of National Housing under subsection (1) is not constructed, without reasonable cause, within the period determined thereunder or such extended period as may be allowed by the Commissioner on application made by the landlord, the relevant area of land shall be acquired by the Government under Part VIII of the National Housing Act. | | |
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Sri Lanka Consolidated Acts