STATE LANDS ENCROACHMENTS ORDINANCE
Arrangement of Sections
1. Short title.
2. Information of encroachment. Order for delivery up of possession. Penalty on disobedience of order or renewed encroachment
3. Subsequent proceeding by ordinary course of law.
4. Court may order payment of costs.
5. Proceedings subject to rules of court.
6. Cinnamon lands, when the property of the State.
7. Waste lands to be deemed the property of the State.
8. Encroachment on road.
9. Divisional Assistant Government Agents and Grama Seva Niladharis to give information.
12 of 1840,
22 of 1931,
8 of 1947,
8 of 1954.
AN ORDINANCE to make provision for the prevention of encroachments upon state lands.
[Date of Commencement: 27th October, 1840.]
1. Short title
This Ordinance may be cited as the State Lands Encroachments Ordinance.
2. Information of encroachment Order for delivery up of possession. Penalty on disobedience of order or renewed encroachment.
It shall and may be lawful for the District Court, upon information supported by affidavit charging any person or persons with having, without the permission of the Government, entered upon or taken possession of any land which belongs to, or which immediately prior to such entry or taking possession was in the possession of, the State, to issue its summons for the appearance before it of the party or parties alleged to have so illegally entered upon or taken possession of such land, and of any other person or persons whom it may be necessary or proper to examine as a witness or witnesses on the hearing of any such information; and the said District Court shall proceed in a summary way in the presence of the parties, or in case of willful absence of any person against whom any such information shall have been laid, then in his absence to hear and determine such information; and in case on the hearing thereof it shall be made to appear by the examination of the said party or parties, or other sufficient evidence to the satisfaction of such District Court, that the said party or parties against whom such information shall have been laid that or have entered upon or taken possession of the land mentioned or referred to in such information without the permission of the Government, such District Court is hereby authorized and required to make an order directing such party or parties to deliver up to the State peaceable possession of such land, together with all crops growing thereon, and all buildings and other immovable property upon and affixed to the said land, and to pay the cost of such information; and in case the party or parties against whom any such order shall have been made shall not, within fourteen days after service thereof, deliver up possession of the said land and premises, pursuant to the said order, or shall afterwards make or cause to be made any further encroachments upon the said land or premises, contrary to such order or in evasion thereof, then and in such case it shall be lawful for such District Court to adjudge such party or parties to pay a fine not exceeding fifty rupees, or to be imprisoned, with or without hard labour, for any time not exceeding fourteen days, and to make a further order for the immediate delivery over of the possession of such land and premises to the State; and the District Court shall thereupon cause possession thereof to be delivered to the State accordingly.
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