Sri Lanka Consolidated Acts

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Sri Lanka Ports Authority Act (No. 51 of 1979) - Sect 26

Procedure in ejectment of occupant &c. of land held by the Ports Authority

26.
(1) Where any land is vested In or transferred to the Ports Authority under sections 24 and 25, the Authority may, in writing, order any person who is in unauthorised possession or occupation of such land to vacate the land within the time specified in that, order.
(2) Where any person to whom an order under sub section (1) is served fails to vacate the land to which the order relates within the time specified in that order any officer of the Ports Authority authorised in that behalf by the Authority may, for and on behalf of the Authority take possession of such land.
(3) Where an officer authorised under subsection (2) to take possession of any land for and on behalf of the Ports Authority is unable, or apprehends that he will be unable, to take possession of such land because of any obstruction or resistance that has been or is likely to be offered, he shall, on his making an application in that behalf to the Magistrate's Court having jurisdiction over the place where such land is situated, be entitled to an order of the Court directing the Fiscal to deliver possession of such land to such officer for and on behalf of the Ports Authority.
(4) Where an order under subsection (3) is issued to the Fiscal by a Magistrate's Court, he shall forthwith execute that order and shall, in writing, report to the Court the manner in which that order was executed.
(5) For the purpose of executing an order issued by a Magistrate's Court under subsection (3), the Fiscal or any person acting under his direction may use such force as may be necessary to enter such land, building or other structure to which that order relates and to eject any person in occupation thereof, and to deliver possession of such land, building or other structure to the person who is authorised to take possession thereof, for and on behalf of the Ports Authority.


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