TOWN AND COUNTRY PLANNING

(1) There shall be established for the purposes of this Ordinance a commission to be called the Central Planning Commission consisting of-

(2) Any of the officers mentioned in paragraphs (b) to (k) of subsection (1) who is unable to attend any meeting of the Central Planning Commission may authorize any other officer to be present on his behalf at such meeting; and the officer so authorized shall be deemed for the purposes of such meeting to be a member of the commission.

(3) Every person appointed under paragraph (f) of subsection (1) to be a member of the commission shall, unless he earlier vacates the office or is removed therefrom by the Minister, hold office for a period of three years from the date of his appointment; any such person vacating the office by effluxion of time shall be eligible for reappointment.

Any such person who, without leave of the commission previously had and obtained, is absent from three consecutive meetings of the commission, shall be deemed to have vacated his office, and a new appointment may accordingly be made in his place.

(4) The Minister may, if he is satisfied that any proposed planning scheme or other matter which is being or is about to be considered by the Central Planning Commission affects or is likely to affect the interests of any department of Government which is not represented on the commission, authorize any member of that department to be present and to vote at meetings of the commission at which such scheme or matter is considered ; and any person so authorized shall, whenever such scheme or matter is considered at a meeting of the commission, be deemed to be a member of the commission.

(5) There may be appointed a person, by name or by office, to be or to act as secretary to the Central Planning Commission.

(6) The Minister may make rules with respect to the times and places at which meetings of the Central Planning Commission shall be held, and to the procedure to be followed at meetings of the commission. Subject to any rules so made the commission shall regulate its own procedure.

(7) All expenditure incurred in connexion with the transaction of business by the Central Planning Commission, and the performance of the duties imposed on the commission by or under this Ordinance shall be paid out of the Consolidated Fund-

(a) to advise the Minister with regard to the declaration of development areas and to the necessity for the preparation of planning schemes in any such area;

(b) to advise planning authorities with regard to the preparation of surveys of urban and rural areas and of planning schemes, and to investigate defects or delays in the preparation or execution of such schemes;

(c) to make such recommendations to the Minister as the commission may consider necessary for the regulation of the development of land in any part of Sri Lanka, the creation of satellite towns and garden cities, the setting apart of land for the purpose of natural reserves, public parks and open spaces, the clearance of slums and the housing of workers, the improvement of existing roads and the establishment of new roads, and the preservation of places of historic or architectural interest or importance or of natural scenic beauty;

(d) to make to the Minister and to any planning authority such general or special recommendations as the commission may consider necessary with reference to the control of architectural design and of outdoor advertisements;

(e) to consider and examine all draft planning schemes submitted to the commission under this Ordinance, and to tender advice to the Minister with respect to the approval or modification of such schemes, and generally to advise the Minister on any matter which may be referred to the commission for such advice;

(f) to formulate for the guidance of the Minister and of planning authorities a national plan or policy setting out in outline general proposals relating to the use and development of land in Sri Lanka.

(a) a person by name or by office to be or to act as Director, Town and Country Planning;

(b) such Assistants to the Director, Town and Country Planning, and such other officers and servants as may be necessary for the purpose of enabling the Director, Town and Country Planning to exercise and perform the powers, functions and duties conferred or imposed on him by or under this Ordinance.

(1) Every Municipality, and every town within the meaning of the Urban Councils Ordinance, shall be an urban development area for the purposes of this Ordinance.

(2) The Minister may, by Order published in the Gazette, declare-

shall be an urban development area for the purposes of this Ordinance.

(3) Any town, or any area referred to in paragraph (b) of subsection (2), which is declared by or under this Ordinance to be an urban development area shall, notwithstanding that it may be included in any regional development area, continue to be an urban development area and the provisions of this Ordinance shall apply accordingly.

(1) The Minister may, by Order published in the Gazette, declare that any area within a specified distance on either side of any principal thoroughfare shall be a trunk road development area for the purposes of this Ordinance :

Provided, however, that no area which is situated within any urban development area shall be declared under this section to be a trunk road development area or be included in any such area.

(2) Any area which is declared under this Ordinance to be a trunk road development area shall, notwithstanding that it may be included in any regional development area, continue to be a trunk road development area, and the provisions of this Ordinance shall apply accordingly.

(1) The Minister may, by Order published in the Gazette, declare that any area specified in such Order shall be a regional development area for the purposes of this Ordinance.

(2) Any urban development area or trunk road development area may be included in any regional development area:

Provided, however, that no urban development area or trunk road development area shall, at any time after an outline scheme or a detailed scheme has come into operation for such area or for any land therein, be included in any regional development area.

(1) The planning authority for the purpose of the preparation of any outline scheme or detailed scheme for any urban development area or any land in that area-

(2) The Director of Highways shall be the planning authority for the purpose of the preparation of any outline scheme or detailed scheme for any trunk road development area or for any land in any such area.

(3) A Regional Planning Committee, which shall be constituted in accordance with the provisions of section 12 for each regional development area, shall be the planning authority for the purpose of the preparation of a regional planning scheme for all areas in that region, including areas declared by or under this Ordinance to be urban development areas or trunk road development areas.

(1) Subject to the provisions of section 11, the executive authority for the purpose of the execution in any urban development area of any outline scheme or detailed scheme or of any provision in any regional planning scheme which applies to that area or any land therein-

Provided, however, that if the Minister is satisfied that the Chairman is unable to execute such scheme, the executive authority shall be such authority as may be specified by the Minister by Notification published in the Gazette.

(2) The Superintending Engineer for each province shall be the executive authority for the purpose of the execution, in any trunk road development area in that province, of any outline scheme or detailed scheme or of any provision in a regional planning scheme which applies to that area or to any land therein.

(3) Where any provisions with respect to any land are included in any planning scheme in pursuance of any directions given under section 23, the Chairman of the Village Council for the village area in which such land is situated shall be the executive authority for the purpose of the execution of such provisions;

Provided, however, that if the Minister is satisfied that such Chairman is unable to execute such provisions the executive authority shall be such authority as may be specified by the Minister by Notification published in the Gazette.

(1) The Minister shall appoint for each regional development area a Regional Planning Committee which shall, save as otherwise provided in subsection (2), consist of-

(2) Every person appointed to be a member of the committee shall, unless he earlier vacates the office or is removed therefrom by the Minister, hold office for a period of three years from the date of his appointment; any such person vacating the office by effluxion of time shall be eligible for reappointment.

Any such person who. without leave of the committee previously had and obtained, is absent from three consecutive meetings of the committee, shall be deemed to have vacated his office, and a new appointment may accordingly be made in his place.

(3) Where any regional development area does not contain any area which is not within a Municipality or town within the meaning of the Urban Councils Ordinance or the Town Councils Ordinance, nothing in subsection (1) (a) shall be deemed to require that any Government Agent shall be a member of the Regional Planning Committee appointed for that region.

(4) The Minister shall nominate one of the members of a Regional Planning Committee to be the chairman of that committee.

(1) Regulations may be made providing for the conduct of business by Regional Planning Committees and prescribing the procedure to be followed at meetings of such committees. Subject to any such regulations a Regional Planning Committee shall regulate its own procedure.

(2) Meetings of a Regional Planning Committee may be summoned by the chairman of the committee whenever he may deem it necessary :

Provided that the chairman shall summon a meeting whenever he is requested in writing so to do by not less than five members of the committee.

(3) The Director, Town and Country Planning shall be entitled to be present at any meeting of a Regional Planning Committee, but shall not have the right to vote at any such meeting.

(1) It shall be lawful for the Commissioner of Local Government to engage the services of such officers and servants and to incur such expenses as may be necessary for the purpose of enabling a Regional Planning Committee to prepare a regional planning scheme.

(2) All expenses incurred for the purpose of the preparation of regional planning schemes shall be paid out of the Consolidated Fund from such sums as may be voted for the purpose by Parliament.

(3) The Deputy Secretary to the Treasury shall as soon as may be after the end of each financial year transmit to the Minister a statement setting out the total amount paid out of the Consolidated Fund in that year in defraying the expenses incurred under subsection (1) for the purpose of the preparation of a regional planning scheme for any regional development area; and the Minister shall thereupon determine the share, if any, of such expenses which shall be borne by the local authority for each Municipality or town which is included within that area. Regulations may be made prescribing the manner in which such determinations shall be made, and the matters which shall be taken into consideration for the purpose of such determinations.

(4) Every local authority shall, before the expiry of a period of one month after the receipt from the Commissioner of a statement specifying the sum due from that authority in accordance with any determination of the Minister under subsection (3), pay such sum out of the funds of that authority into the Consolidated Fund.

(1) Alt expenses incurred by a local authority in the preparation of a planning scheme shall be defrayed out of the funds of that authority.

(2)

(1) The planning authority for any urban development area or trunk road development area may, at any time after an outline scheme for that area or any land therein has come into operation in accordance with the provisions of this Part, make application to the Minister to direct the preparation of a detailed planning scheme for any land to which any provision of that outline scheme applies.

(2) Notwithstanding that an outline scheme has not come into operation for any urban development area or trunk road development area, the planning authority for that area may make application to the Minister to direct the preparation of a detailed planning scheme for any land in that area, if the authority is of opinion that the provisions proposed to be included in the detailed scheme are urgently necessary for the purpose of-

(1) Subject to the provisions of subsection (3), the Minister may, on application made to him in that behalf under the preceding provisions of this Part, by Order published in the Gazette direct that a regional planning scheme shall be prepared for any regional development area or that an outline scheme or a detailed scheme shall be prepared for the whole or any part of any urban development area or trunk road development area, as the case may be.

(2) Subject to the provisions of subsection (3), the Minister may, of his own motion or upon the recommendation of the Central Planning Commission, by Order published in the Gazette direct-

(3) The Minister shall not make an Order directing the preparation of any outline scheme or detailed scheme for any area or land which is situated in any regional development area unless a regional scheme for that region has come into operation, or where no such scheme has come into operation, unless the Regional Planning Committee for that area consents to the making of the Order.

(4) No Order shall be made under this section at any time prior to the date of the publication in the Gazette of the general interim development order made under section 46.

(1) Where an Order is made under this Part directing the preparation of a planning scheme for any urban development area, and the Minister considers it expedient that the scheme should include any provisions with respect to any land which, though situated outside that area, is contiguous to any part of that area, the Minister, after reference to the Town Council or the Village Council for the town or village area in which such land is situated, may in the same or a subsequent Order direct the planning authority to include in the scheme provisions with respect to such land :

Provided, however, that nothing in the preceding provisions shall be deemed to authorize the inclusion in any scheme for any urban development area of provisions with respect to land in any other urban development area.

(2) No provisions included in any planning scheme in pursuance of any directions given under subsection (i) shall be provisionally approved or sanctioned except after reference to the Town Council or Village Council for the town or village area in which the land to which such provisions relate is situated.

(1) Upon the publication in the Gazette of an Order under section 21 for the preparation of any scheme for any development area or for any land in any such area, it shall be the duty of the planning authority for that area, in accordance with the Order and on or before such date as may be specified therein, to prepare a draft scheme for that area or land :

Provided, however, that the date specified in any such Order may be varied, from time to time, by the Minister in his discretion.

(2) Where the Minister is satisfied that the planning authority for any urban development area has failed or refused to prepare or unreasonably delayed the preparation of a draft scheme for any area or land, as the case may be, in accordance with the provisions of subsection (1), the Minister may direct the Director, Town and Country Planning to prepare the draft scheme for that area or land.

(1) Every draft scheme which is prepared under .section 24 shall be submitted to the Central Planning Commission; and the commission shall, as soon as practicable, examine the draft scheme and transmit it to the Minister together with its recommendations with respect to the approval or modification thereof.

(2) Upon the transmission of a draft scheme to the Minister under the preceding provisions of this section, the Minister may, after consideration of the recommendations made by the Central Planning Commission with respect to the scheme-

(3) Where the Minister is satisfied that the planning authority for any urban development area has failed or refused to prepare or unreasonably delayed the preparation of a new draft scheme in accordance with any directions given by the Minister as hereinbefore provided, the Minister may direct the Director, Town and Country Planning to prepare the new draft scheme.

(4) Where a new draft scheme is prepared in pursuance of directions issued by the Minister as hereinbefore provided, the provisions of subsections (I) and (2) of this section shall apply in relation to that scheme in like manner as those provisions apply in the case of original draft schemes prepared under section 24.

(5) The powers conferred on the Minister by the preceding provisions of this section in relation to the approval, modification or alteration of draft schemes shall be exercised subject to the provisions of section 29.

(1) Where any draft scheme for any development area or for any land in that area has been provisionally approved by the Minister, it shall be the duty of the planning authority for that area, before the expiry of the prescribed period after the date of such approval-

and in such other manner as may be prescribed, to the effect that the draft scheme has been provisionally approved, and that copies of the scheme and of any maps, plans or sketches accompanying the scheme will be open for public inspection at such place or places as may be specified in the notice.

(2) Copies of every draft scheme which has been provisionally approved by the Minister and of every map. plan or sketch accompanying that scheme shall be open to public inspection free of charge during the prescribed period after the date of the publication in the Gazette of notice of the provisional approval of that scheme.

(a) that the provision is not necessary in the interests of the public or of the majority of the owners or occupiers of land affected by the provision ;

(b) that the provision in its application to the property in which the objector has an interest inflicts undue hardship upon him.

(1) The planning authority shall consider all objections duly lodged under section 27 with that authority in respect of any draft scheme, and shall as soon as may be return the draft scheme to the Central Planning Commission together with-

(2) After consideration by the Central Planning Commission of all such proposals as may be made under subsection (I) by a planning authority in connexion with any draft scheme, of all objections duly lodged under section 27 in respect of that scheme, and of the recommendations of the planning authority upon such objections, the commission shall transmit the draft scheme to the Minister together with the recommendations of the commission on the question whether the scheme should be sanctioned, with or without modifications.

(3) Upon the transmission of a draft scheme to the Minister under the preceding provisions of this section, the Minister may, after consideration of the recommendations made by the planning authority and the Central Planning Commission with respect to the scheme and of the objections lodged under section 27, sanction the draft scheme subject to such modifications or alterations, if any, as the Minister may consider necessary.

(1) The Minister shall not under section 25 or section 28 provisionally approve or sanction any draft scheme which contains any provision relating to any road in respect of which any power may be exercised under the Thoroughfares Ordinance by the Director of Highways, or to the development of any land adjacent to any such road, unless-

(2) Where a draft outline scheme or a draft detailed scheme is prepared for any area or land which is situated in any regional development area, the Minister shall not under section 25 or section 28 provisionally approve or sanction the draft scheme unless a regional scheme for that area has come into operation, or, where no such scheme has come into operation, except after consideration of such representations or recommendations as may be made to the Minister by the Regional Committee for that area.

(1) Where a regional scheme for any regional development area has come into operation the Minister may, before sanctioning under section 28 any draft outline scheme or detailed scheme for any area or land situated in that area, incorporate in the draft scheme, with such modifications as the Minister may consider necessary, all or any such provisions relating to that area or land as may be contained in the regional scheme.

(2) Where any provision contained in a regional scheme is incorporated in any draft scheme under subsection (1), the provision as so incorporated shall, on and after the date on which the draft scheme comes into operation in accordance with this Part, have effect in lieu of the provision contained in the regional scheme, but without prejudice to the validity of anything previously done or suffered to be done thereunder or to any right or duty previously conferred or imposed thereby.

(1) The planning authority for any urban development area or any trunk road development area may. at any time after a planning scheme has come into operation for that area or for any land in that area, make application to the Minister-

(2) Any Village Council which is declared by this Ordinance or by any planning scheme to be the executive authority for the purpose of the execution of any provision of any planning scheme, in so far as it relates to any road or land adjacent thereto, or to any village area, may make application to the Minister-

(1) Subject to the provisions of subsection (2), the Minister may upon application made to the Minister in that behalf under section 34-

(2) The Minister shall not under subsection (1) make any Order or make any decision for the modification or revocation of any planning scheme or of any provision contained therein, unless the Minister is satisfied, after such investigation as he may consider necessary, that the scheme or provision, as the case may be-

(1) Any planning scheme may, where it is necessary for the purpose of securing proper planning or development, provide for the modification or the suspension of the operation of any provision of any other enactment in so far as that provision is similar to or inconsistent with any provision contained in the scheme.

(2) Where, for the purpose of securing proper planning or development, it is considered necessary to provide for the modification or the suspension of the operation of any provision of any other enactment in any planning scheme which is in operation, that scheme may be amended by regulation made under this Ordinance for the purpose of providing for such modification or suspension. Such regulation may provide that such amendment shall take effect from a date specified therein, not being a date earlier than the date on which that scheme came into operation.

(3) Where any provision of any other enactment is modified by any planning scheme which is for the time being in operation, that provision shall, in its application to the area or land to which the scheme relates, apply subject to such modifications as may be specified in the scheme.

(4) Where any provision of any other enactment is suspended by any planning scheme which is for the lime being in operation, that provision shall not, unless otherwise provided in the scheme, apply in the area or land to which the scheme relates or in such part of that area or land as may be specified in the scheme.

(1) In the event of any conflict or inconsistency between the provisions of any subsidiary legislation and the provisions of any planning scheme which is in operation, the provisions of such planning scheme shall prevail over the provisions of such subsidiary legislation.

(2) For the purposes of this section, the expression ” subsidiary legislation ” means any by-law, regulation, rule, proclamation, order, notification, or other provision having the effect of law and made by a person by virtue of power conferred on him by any written law.

(a) that after any land which is required for roads, open spaces and other public purposes has been set apart for such purposes, the new site assigned to any person in lieu of the original site belonging to him will be of a value and extent proportionate to the value and extent of his original site, and will as far as possible enjoy any such special advantage in the way of position or frontage as was enjoyed by the original site ;

(b) that if the new site assigned to any person will be insufficient in extent to be used as a building site, the new site will, if that person so requires, be purchased or acquired by the executive authority ;

(c) that the cost of the preparation of any provision relating to the redistribution of sites, and of the execution of any such provision, will be borne by the owners of the sites in proportion to the value of the original sites belonging to them.

(1) The Minister shall make a general order (hereinafter referred to as ” the general interim development order “) with respect to the interim development of land situated in the areas for which planning schemes are to be prepared, and may at any time make any such special order (hereinafter referred to as a “special interim development order “) as may be necessary with respect to the interim development of land in any specified area.

(2) An order made under subsection (1) may itself permit the development of land either unconditionally or subject to any condition specified in the order, or may empower any authority or officer so specified to grant permits for the development of land in accordance with the terms of the order and subject to such conditions and restrictions as may be set out therein.

(3) Every interim development order shall be published in the Gazette and shall come into operation upon such publication.

(4) Any special interim development order made in respect of any specified area may vary or modify any provision contained in the general interim development order in so far as that provision applies to land in the area in respect of which the special order is made.

(1) Notwithstanding anything in any other written law, no person shall at any time during the period commencing on the date of the publication in the Gazette of an Order for the preparation of a planning scheme for any development area and ending on the date on which the scheme so prepared comes into operation-

unless authorized so to do by any provision contained in the general interim development order or in any special interim development order applicable to that area, or by a permit granted by the authority or officer specified in any such provision to be the authority or officer responsible for the regulation of the interim development of land in the area for which the planning scheme is to be prepared,

(2)

(1) For the purpose of carrying out or giving effect to any provision contained in a planning scheme or of securing compliance or conformity with any such provision, it shall be lawful for the executive authority or for any officer generally or specially authorized in that behalf by the authority, subject to the conditions and restrictions set out in section 53-

(2) All expenses incurred by the executive authority in the execution of any work referred to in subsection (I) upon, in or in respect of any land or structure shall be a first charge on that land or the land on which that structure is situated, as the case may be, and may be recovered from the owner thereof in such manner as may be provided by regulation.

(1) No Work or act shall be executed or done by the executive authority in pursuance of the powers conferred by section 52 in, upon or in relation to any land or structure which is not vested in the authority unless-

(2) Any person on whom a notice is served under subsection (1) may, subject to regulations, appeal to the Minister against the proposal of the executive authority to execute or do the work or act to which the notice relates, and the decision of the Minister on any such appeal shall be final.

In any case where an appeal is preferred to the Minister under this section, the period referred to in paragraph (b) of subsection (1) shall be deemed to be extended to the date on which the decision of the Minister on the appeal is communicated to the person by whom the appeal is preferred.

(1) Where any planning scheme contains provision for the pooling and redistribution of the sites in any specified area, every such site shall, for the purpose of enabling the executive authority to issue certificates of title under subsection (2), be deemed on the coming into operation of the scheme, or on such later date as may be specified therein, to be vested in the executive authority ; or where the executive authority is the Superintending Engineer, in the State.

(2) Where by any provision referred to in subsection (I) any new site is assigned to any person in lieu of the original site belonging to that person, the executive authority shall issue to that person a certificate in the prescribed form signed by the Chairman of that authority together with two plans showing respectively the new site and the original site, and certifying that the new site has been assigned to him in lieu of the original site; every certificate so sealed and issued to any person shall be a sufficient document of the title of that person to the new site:

Provided that in any case where the executive authority is the Superintending Engineer of any province, the certificate under the preceding provisions shall be issued by the Government Agent of the relevant administrative district in that province.

(3) Where a certificate of title to a new site is issued to any person or persons under subsection (2), the new site and every structure thereon shall vest in such person or persons, as the case may be, in the same shares and to the extent of the same interests as the original site in lieu of which the new site is assigned to such person or persons, subject to the same encumbrances, charges, trusts and other restrictions on alienation or otherwise, and to the same liabilities (other than such servitudes as may be expressly extinguished under the scheme) as such original site.

(4) Where in connexion with the execution of any provision in a planning scheme for the redistribution of sites, any question or dispute arises in respect of the title to any land or structure, or any rights thereto or interest therein, the Chairman of the executive authority, or where the Superintending Engineer is the executive authority, the Government Agent shall, if the question or dispute cannot be settled by agreement, refer it to the District Court, and such question or dispute shall be determined by the District Court as though it were referred to the court under the Land Acquisition Act, and all the provisions of that Act shall, mutatis mutandis, apply to the determination of the question or dispute so referred.

(1) No person shall, on or after the date on which any planning scheme comes into operation for any area- (a) erect, re-erect, alter or repair any structure in or upon any land in that area; or (b) lay out, construct, widen, extend, or close, or attempt to lay out, construct, widen, extend, or close, any road in or upon any land in that area, except under the authority of a permit issued by the executive authority.

(2) A permit shall be granted by the executive authority under subsection (1) unless the authority is satisfied that the work to be executed under the authority of the permit will be inconsistent with or in contravention of any provision in the planning scheme, or of any provision of any other written law relating to the execution of such work which may be applicable in the area in which the work is to be executed.

(3) Any person who is aggrieved by the refusal of the executive authority to grant a permit under this section may, subject to regulations, appeal to the Minister against such refusal and the decision of the Minister upon any such appeal shall be final.

(1) Where provision is contained in any planning scheme authorizing the acquisition of any land, it shall be lawful for the executive authority responsible for the execution of that provision to purchase the land by agreement.

(2) In any case where the executive authority is unable or deems it inexpedient to purchase by agreement any land which that authority is, by any provision contained in a planning scheme, authorized to acquire, that land may be acquired under the Land Acquisition Act by the Government for that authority, and that Ad shall, subject to the modifications set out in the provisions of this Part, apply for the purposes of the acquisition of that land.

(a) the special suitability or adaptability of the land or of any structures thereon for the purposes for which the land will be used by the executive authority;

(b) the income derived from any structure which has been certified by the executive authority to be unfit for human habitation ;

(c) any improvements made at the cost of the executive authority or of the Government in. upon or in the proximity of the land which is to be acquired;

(d) the purpose for which the land has been used or is capable of being used, in a case where any planning scheme provides that such land shall not be used for that purpose;

(e) any temporary increase in the value of land due to the expectation of a rise of prices consequent upon the operation of a planning scheme.

(1) Where possession is taken by the executive authority of any land which is purchased or acquired in pursuance of any provision contained in a planning scheme, the authority may proceed to execute in or upon such land any work necessary for the purposes of carrying out or giving effect to the scheme.

(2) Nothing in subsection (1) shall be deemed to prejudice or affect the right of the executive authority to sell or let any land or structures which have been purchased or acquired in pursuance of any provision contained in a planning scheme:

Provided, however, that in the case of the sale of any such land by the executive authority, the land shall first be offered for sale to the person from whom it was purchased or acquired at a price which shall not be more than the total of-

(3) Every offer which is made to any person in accordance with the requirements of the proviso to subsection (2) shall remain open for acceptance for a period of not less than one month.

(1) Subject to the provisions of sections 65 and 66, any person-

shall, if he makes a claim within the time limited for the purpose by section 68, be entitled to recover as compensation from the executive authority, or where the executive authority is the Superintending Engineer, from the Government Agent on behalf of the Government, the amount by which his property has decreased in value, and in the case of property on which he has carried on a trade or business or profession, the amount of any resulting injury to that trade or business or profession, or, in so far as it was reasonably incurred, the amount of the abortive expenditure, as the case may be.

(2) In awarding any compensation payable in respect of property injuriously affected by the coming into operation of any provision contained in a planning scheme, account shall, subject to the provisions of sections 65 and 66, be taken of any additional injurious affection of the properly by reason that after the date of the publication of an Order under section 21 directing the preparation of the scheme, the Minister has on an appeal preferred under section 49 refused to grant a permit authorizing the execution of any work on, or the doing of any act in relation to, that property.

(a) the erection of such structure or the execution of such work or the change in the use of the land was authorized by permit under section 48 or is effected in pursuance of a contract made before the date aforesaid; or

(b) the erection of such structure or the execution of such work was commenced before the date aforesaid.

(1) Subject to the provisions of subsection (2), a planning scheme may provide either generally or in respect of any specified land that no compensation shall be payable under paragraph (a) of section 64 (I) in the case of the injurious affection of properly by the coming into operation of any one or more of the following provisions, that is to say:-

(2) The Minister shall not approve any provision in any planning scheme which excludes compensation-

(3) In considering whether any provision excluding compensation should be approved, the Minister shall have regard-

(a) there is still outstanding any claim for compensation duly made in accordance with the provisions of this Part; or

(b) the time originally limited for making such a claim has not expired,

(1) A claim under section 64 for compensation shall be made by serving on the executive authority, or where the executive authority is the Superintending Engineer, on the Government Agent, a notice in writing in the prescribed form setting out the amount claimed and the grounds of the claim.

(2) For the purpose of enabling claims to be made under this section, it shall be the duty of the executive authority, when a planning scheme comes into operation or when any provision of any planning scheme is varied or revoked, to cause a notice in the prescribed form of the fact that the scheme has come into operation or that the provision has been varied or revoked, as the case may be. to be affixed on some conspicuous position on each land affected by the scheme or by the provision so varied or revoked.

(3) A claim under section 64 for compensation shall

(1) Where a claim is duly made by any person for compensation under section 64, the executive authority or the Government Agent, as the case may be, shall, after such inquiry as may be necessary, determine the amount of compensation, if any, which should be paid to that person in respect of the claim.

(2) Where the executive authority or the Government Agent is unable to settle by agreement the amount of compensation to be paid in respect of any claim, the Chairman of the authority or the Government Agent shall refer the matter for determination to the District Court, or, where the amount claimed by the claimant does not exceed one thousand five hundred rupees to the Primary Court; and in making such reference shall state for the information of the court in writing under his hand-

(3) Where any reference is made to a District Court or Primary Court under subsection (2) in relation to any claim, the court shall determine the amount of compensation, if any, which should be paid to the claimant.

(1) Where the value of any property is increased by the coming into operation of any provision in a planning scheme or by the execution of any work under any such provision, the authority responsible for the execution of that provision may, subject to the restrictions imposed by subsection (3), recover from the owner of the property an amount (hereinafter referred to as ” betterment contribution”) not exceeding sixty per centum of the amount by which the value of the property is so increased.

(2) A betterment contribution may be recovered from the owner of any property notwithstanding that the scheme under which the contribution is recovered does not apply to that property.

(3)

(1) In any case where the owner of any property is aggrieved by the decision of the executive authority to recover a betterment contribution in respect of that property, he may, subject to regulations, appeal to the District Court, or, where the amount sought to be recovered as a betterment contribution does not exceed one thousand five hundred rupees, to the Primary Court, and such court may on any such appeal-

(2) The determination of the District Court or the Primary Court, as the case may be, on any appeal referred to in subsection (1) shall be final.

(1) Subject to the provisions of subsection (2), the amount due as a betterment contribution in respect of any property shall be recoverable by the executive authority in four equal annual instalments, the first of which shall be payable before the last day of the month succeeding the month in which a notice in respect of the contribution is served under section 71 (3) (b), or, in the event of an appeal against any decision to recover a betterment contribution, before the last day of the month succeeding the month in which notice of the determination of the District Court or Primary Court, as the case may be, upon such appeal is served on the owner of the property. The instalment due in any subsequent year shall be payable before the corresponding day in that year.

(2) Notwithstanding anything in subsection (I), .the amount due as a betterment contribution’ in respect of any property shall, in any case where the executive authority and the owner of the property so agree, be payable in such instalments and at such intervals, as may be fixed in such agreement.

(3) Any instalment due in respect of any property under this section shall be a first charge on that property and may be recovered from the person who is the owner of that property for the time being in such manner as may be provided by regulation.

(1) Subject to such regulations as may be made in that behalf,, the Director, Town and Country Planning or any planning authority or executive authority may, for the purpose of the preparation or execution of any planning scheme, by notice require and person to furnish such returns or information relating to the title of that person to any land or structure to which the scheme applies or is to apply, or to the rent, if any, paid to or by that person for any such land or structure, or to such other matters affecting any such land or structure as may be within the knowledge of the person to whom the notice is sent.

(2) It shall be the duty of any person to whom a notice is sent under subsection (1) to comply with the requirements of the notice.

(3) Regulations may be made prescribing the form of notices and returns to be sent or furnished under this section,

(1) The Director, Town and! Country Planning or any planning authority or executive authority or any officer or person specially or generally authorized in that behalf by such authority, may, for the purpose of the preparation or execution of any planning scheme or of the exercise or performance of the powers or duties conferred or imposed on the said Director or the authority by or under this Ordinance, enter upon or into any land or structure situated in the area for which the scheme is to be made, or, as the case may be, to which the scheme applies, and may make such inspections, surveys, examinations or inquiries as may be necessary for any such purpose.

(2) Regulations may be made prescribing the manner in which and the times at which the powers conferred by subsection (1) may be exercised.

(1) Where the executive authority is authorized by or under this Ordinance to do or execute any act or work in, upon or in relation to any land or structure, it shall be lawful for the authority to arrange with the owner or occupier of such land or structure to do or execute such act or work.

(2) Where the cost of doing or executing any act or work which is authorized or required by or under this Ordinance to be done or executed in, upon or in relation to any land or structure by the executive authority, is not declared by this Ordinance to be recoverable from the owner of the land or structure, the executive authority may, if an arrangement is made under subsection (1) for the doing or execution of the act or work by the owner or occupier of the land or structure, pay to the owner or occupier, as the case may be, the amount of all expenses reasonably incurred by the owner or occupier in the doing or execution of the act or work.

(1) Any notice, order, claim, instrument or other document required by or under this Ordinance to be served on any person may be served-

Any such document required by or under this Ordinance to be served on the occupier of any land may be served by delivering it to some person on the land, or where there is no person on the land to whom the document may be so delivered, by affixing it in a conspicuous position on the land.

(2) Any document which is served in accordance with any of the provisions of subsection (1) shall be deemed to have been duly served on the person to whom it is addressed.

(3) Any notice, claim, instrument or other document required by or under this Ordinance to be served on or sent or transmitted to any planning authority or executive authority shall be deemed to be duly served, sent or transmitted if it is delivered at, or sent by post to, the office of the authority addressed to the authority or to the Chairman or secretary, if any, of the authority.

(1) Save as otherwise provided in subsection (2)-

(2)

(1) The purposes for which any local authority may expend the funds at its disposal under any enactment regulating its powers and duties shall include the exercise of the powers and the performance of the duties conferred or imposed by or under this Ordinance on that authority in the capacity of a planning authority or an executive authority. Any such local authority may, with the consent of ‘the Minister, for the purpose of meeting the expenses incurred in the exercise and fulfilment of such powers and duties, levy a special rate not exceeding five per centum per annum on the annual value of all rateable property situated within the administrative limits of that authority.

(2) Any special rate levied under subsection (I) by any local authority shall be in addition to any other rate levied by the authority under the provisions of any other enactment; and all the provisions of any other written law relating to the levy, assessment and recovery of rates by that authority shall apply to such special rate in the same manner and for the same purpose as if they had been inserted herein.

(1) The Minister may make regulations for the purpose of carrying out the provisions and giving effect to the principle of this Ordinance.

(2) Without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for or in respect of all or any of the following matters:-

(3) Any regulation made under this section may be limited in application to any specified area in Sri Lanka.

(4) No regulation shall have effect until it has been approved by Parliament. Notification of such approval shall be published in the Gazette.

(5) Upon the publication in the Gazette of a notification to the effect that a regulation made by the Minister has been approved by Parliament, that regulation shall be as valid and effectual as if it were herein enacted.

(1) Every person who-

in contravention of any provision of this Ordinance or of any interim development order, planning scheme or regulation, shall be guilty of an offence.

(2) Every person who executes any work or does any act, or causes any work or act to be executed or done in or upon any building, place or thing declared in any planning scheme to be a building, place or thing of historical, architectural or natural interest or beauty, shall if such work or act is executed or done otherwise than in accordance with the provisions of the scheme, be guilty of an offence.

(3) Every person who fails to comply with any obligation imposed upon him by any planning scheme or any order or direction lawfully made or given thereunder, or to do any act or execute any work when required so to do by or under this Ordinance or any planning scheme, shall be guilty of an offence.

(4) Every person who, being the holder of any permit issued under this Ordinance, executes any work or does any act otherwise than in accordance with the conditions subject to which the permit is issued, shall be guilty of an offence.

(5) Every person who-

shall be guilty of an offence.

(a) at any time prior to the publication in the Gazette of a notice under section 26 (1) in respect of any draft scheme prepared by that authority, communicates any information to any person relating to the contents of the draft scheme ; or

(b) at any time before a scheme prepared by that authority comes into operation, enters into or interests himself in any transaction for the purchase, lease or disposal of any land or structure in the area for which the scheme is prepared,

(1) In this Ordinance, unless the context otherwise requires-

” building line “. when used with reference to a road, means a line defining the limit of the area on either side of the centre of the road upon which no structure or work, other than a boundary wall, fence or other authorized structure or work, shall be erected ;

“building operations” includes any road works preliminary or Incidental to the erection of structures;

“Commissioner” means the Commissioner of Local Government;

“curtilage ” means (he area of land within the boundaries of any one plot on which any structure is erected ;

” detailed scheme” means a detailed planning scheme for any urban development – area or trunk road development area or for any land in any such area;

” development “, when used with reference to any land, includes the parcelling or subdivision of such land, the erection or re-erection of structures and the construction of works thereon, the carrying out of building operations thereon, and save as otherwise provided in subsection (2) of this section, any change in the purpose for which the land or any structure thereon is used ;

“existing structure” means any structure erected, constructed or carried out on any land at any time before the date of the publication in the Gazette of an Order under section 21 directing the preparation of a planning scheme for that land or for the area in which the land is situated, and includes any structure or work, as the case may be, which is-

“existing work” has a corresponding meaning;

” existing use “, when used with reference to any land or structure thereon, means the use of the land or structure for a purpose of the same or a similar character to that for which the land or structure was used immediately before the date of the publication in the Gazette of an Order under section 21 directing the preparation of a planning scheme for the land or for the area in which the land is situated ;

“land” includes land covered with water and any right in or over and ;

” local authority “, when used with reference-

” Municipal area ” means the area within the administrative limits of a Municipal Council;

“outline scheme ” means an outline planning scheme for any urban development area or trunk road development area, or for any land in any such area;

“owner”, when used with reference to any land or structure, includes the person for the time being receiving the rent of the land or structure, whether on his own account or as agent or trustee for any other person, or who would receive the rent if the land or structure were let to a tenant;

“plot” in relation to land means the entirety of any land which has been demarcated by boundary marks or is enclosed within boundary walls or fences, whether such land belongs to one single person or to a set of co-owners;

“prescribed ” means prescribed by regulation;

“principal thoroughfare ” means any road which is for the time being declared under section 5 of the Thoroughfares Ordinance to be a principal thoroughfare;

“regional planning scheme” means a planning scheme for any regional development area or for any land therein;

“regulation ” means a regulation made by the Minister under this Ordinance;

“road” means any public or private highway, street, carriageway, cartway, lane or pathway, and includes-

“structure” includes any building, wall, fence, excavation or other erection or thing constructed or erected in or upon any land.

(2)