107-NLR-NLR-V-74-In-re-THE-ACTION-GENERAL-MANAGER-ELECTRICAL-UNDER-TAKINGS-COLOMBO-Petitioner.pdf
452 DE KRETSER, J.—In ro Acting General Manager, Electrical Undertakings,
Colombo
1969Present: de Kretser, J.
In re THE ACTING GENERAL JLANAGER, ELECTRICAL UNDER-TAKINGS, COLOMBO, Petitioner
S. C. 289169—Application regarding C. It. Tangalle, 19198
Electricity Act (Cap. 205)—Section 17 (3) (a)—Compensation payable thereunder tothe owner of a land—Ownership of the land unknown—Mode and effect ofpaying the compensation.
Where the ownership of a land is unknown and the Government-Agentdecides tho amount of compensation paynblo in ro3pcct of such land in termsof section 15 or section 1G of tho Electricity Act, tho duty of tho liccnseoaccording to section 17 (3) (a) of tho Act is to pay tho monoy into Court bymeans of a Deposit Note. Onco the licensee deposits tho money in Courtho is functus os far 03 tho compensation is concerned ; ho is not in tho positionof a plaintiff in a case.
Application in respect of two orders of tho Court of Requests,Tar.galio..
Mervgn Fernando, Senior Crown Counsel, for tho petitioner.
Cur. adv. vult.
November 17, 19G9. de Kretser, J.—
The Law set out in Section 17 (3) (a) of tho Electricity Act Cap. 205of Vol. 7 of tho L.E. directs what the Licensee has to do with thoCompensation, tho G. A. decides is payable in terms of Sections 15and 16 whero the owner is unknown or where tho ownership of tholand is subject to disputo.
He is required—
(1) to pay that Compensation into Court to bo drawn from Courtby the owner of tho land.
{2) to give tho occupier of tho land written notice of the paymentof tho Compensation into tho Court, or if thcro is no occupierto exhibit that Notice in somo conspicuous position on thatland.
DE KRETSER, -J-—Tn ro Acting General Manager, Electrical Undertakings,45T:
Colombo
Once, he complies with (1) and (2) he is functus as far as thatCompensation is concerned.
The Order of the learned Judge dated 25.5.67 and the Order of12.3.69 which maintains that the Order made on 25.5.67 was notmade per incuriam aro apparently based on the mistaken notionthat the Licensee who pays the money into Court is in the positionof a Plaintiff in a Case.
If he had read the relevant section with that degree of care that Iexpect of him he would have observed that the Act provides for thodeposit of Compensation in the Case where tho owner of the land isunknown he should then have realised that his suggestion, that thecorrect procedure to be followed by the Licensee is the filing of aninterpleader action, would not bear examination. Ko would also haveobserved the other pointer to the. fact that tho Legislation could notpossibly have tho filing of an action by the Licensee in contemplationfor the Legislature orders notice of the payment of Compensation intoCourt.
The only way in which money can be paid into Court is by the use ofa Deposit Note. The person applying for a Deposit Note has to statethe purpose for which he requires it so that the Court issuing the DepositNote has the necessary information to record in its Registers for thepurpose of tracing what happend to the money in Deposit. In theinstant Case it may- be that the use of a Caption, normally' used when aPlaint is filed, to record the details of the Deposit might have playedits part in making tho Judge think there was a Plaintiff in tho Case.
It would have been wiser I think to record tho Caption as follows :—
No. 1919S. In the matter of tho deposit of Compensation underSection 17 ss 3 of the Electricity Act No. 19 of 1950 in respect of theland known as Nagalmullagewatte.
I3e that as it may<once Compensation is deposited in Court it willlie there until the person or persons who claim to be entitled to it filetheir statements of Claim in Court, prove them and obtain PaymentOrders from the Court- Nothing could be simpler than this simplestof procedures which I find has been in use in every' Court of this Islandin which deposits of money aro made in similar circumstances.
It is a matter of regret that the mistaken view that some other procedurehad to be followed has resulted in the Jong delay in those entitled tocompensation being able to obtain payment. I set aside the Ordersof the learned Judge and direct him to entertain and adjudicate on theClaims that have been filed or will be filed in respect of the money thathas been paid in to Court.
Orders set aside.