News
Govt. decides to proceed with 25 mega projects in major cities
The Government has announced plans to proceed with around 25 mega projects in major cities like Colombo, Kandy, Galle, Trincomalee, Kurunegala and Ratnapura by gazetting them under the Land Acquisition Act to acquire private lands and pay compensation for thousands of people who will be affected.
The new regulations have been issued under Chapter 460 of the Land Acquisition Act as part of an amendment to an earlier gazette that listed a separate set of projects. In the latest notification, the initiatives are the Central Expressway, the Metro Colombo Urban Development Project and the railway track from Kurunegala to Habarana through Dambulla.
Also included are the following Strategic Cities Development programmes: Kandy and Galle, under World Bank funds; Anuradhapura under French Agency for Development funds; and Trincomalee, Dambulla, Kurunegala and Ratnapura under Asian Development Bank (ADB) funds.
The others are 12 grid substations and transmissions lines (ADB-financed) around the country, the Ruwanpura Expressway and the Port City Elevated Expressway Extension Project.
The original gazette comprehensively defines the terms under which relief will be decided. The market value of any land or compensation for any “injurious affection” caused by land acquisition is to be assessed by Land Acquisition and Resettlement Committees (LARCs) appointed in each Divisional Secretariat where the property is located. Every affected person can make representation at LARC proceedings.
Payment for land will include the replacement cost as determined by the Chief Valuer and an ex-gratia payment amounting to the difference between the statutory compensation and the replacement.
If a remaining portion of a land after acquisition (other than agricultural land) is incapable of being utilized as a separate entity, LARC may give an allowance to the owner if he wishes to retain the extra portion.
In case of agriculture lands if the remainder is physically not possible for cultivation, the LARC may decide whether to acquire or make a payment for the balance extent. Reasonable time shall be given to harvest perennial crops where payment will not be made on the market value.
The LARC will determine all ex-gratia payments. The gazette also defines what is to be done in the case of encroachers, the takeover of paddy lands and rent-controlled premises, and the replacement cost of buildings and structures.
In the case of loss of business, payments will be made according to two categories — informal (non-income tax payer) and formal (income tax payer). Those who are self-employed and are temporarily affected due to loss of income are entitled for a loss-of-livelihood payment as determined by the LARC.
There will be an ex-gratia payment for handing over possession of properties before the deadline. The gazette also denotes payments for temporary accommodation and shifting allowances (if the physical possession of the property is required to be taken before the date specified by the acquiring officer).
“Every re-settler affected by the acquisition with a title to the land acquired is entitled for a block of land not exceeding an extent of 20 perches from a fully serviced re-settlement site equivalent to the unimproved land value determined by the LARC or to cash payment applicable for self-re location…,” the original gazette states.
The terms for encroachers of State lands and sub-families living in the same house are also specified.