Analysis on Legal Background of Land Acquisition Policy in Sri Lanka

Abstract

“Land” has a central place in the post war debates regarding the resettlement, reconstruction, development and the search for a political solution in Sri Lanka. These importance attached with land, Government of Sri Lanka has to acquire private and public lands. Land acquisition act, No 09, 1950 is the most prominent policy document which outlines the procedure of land acquisition in the current context of Sri Lanka which created to achieve above objectives. To clear the shortcoming of Land Acquisition Act No 09, 1950, later on the government has been introduced National Involuntary Resettlement Policy in 2001 linked to the Land Acquisition Act. However, there is a huge discussion as well as a contradiction among the society regarding the legal context and of Land Acquisition Act No. 09, 1950. Main objective of this study is to analyze legal background of Land acquisition act No. 09, 1950. Basically, this is qualitative research which based content analysis method and continues with secondary data. Secondary data collected through books, journals, reputed reports, web sites and etc. The study reveals that there are ambiguity on this act regarding legal interpretation of some of the terms; “urgent land acquisitions”, “public purpose” and etc. It makes contradictions while practicing this policy while acquiring a land for a development purpose. Also the study found most of the time government has been failed to adopt National Involuntary Resettlement Policy on affected community while in the process of land acquisition. Finally study recommended government should clearly interpret the above the terms as well as government should fully enforced National Involuntary Resettlement Policy as a compulsory requirement, in Land Acquisition Act.