The Hon. M. Nizam Kariapper, PC
Hon. M. Nizam Kariapper disputed a Government-side claim regarding land claims under the Land Settlement Ordinance, stating that without legally established title, land may be declared State land under Section 5(1). He condemned the use of the colonial-era Ordinance in Mullaitivu, arguing that development needs should instead be addressed through existing State land, eviction of unauthorized occupants under the State Lands (Recovery of Possession) Act, or acquisition with compensation under the Land Acquisition Act. He warned that the process could extend to other areas and called for the relevant Gazette to be revoked, saying suspension was not provided for under the Ordinance.
Verbatim record (translated)
Machine-translated from Sinhala / Tamil / English¶ 01 Hon. Presiding Member, what the Hon. Member on the Government side just said is completely wrong. Under the Land Settlement Ordinance, one cannot claim land merely by a letter stating one lived there. Please do not mislead the House. If title is not legally established, under Section 5(1) of the Land Settlement Ordinance, it will be declared State land.
¶ 02 We strongly condemn using a colonial-era law—brought to wrest land from our citizens and vest it in the British Crown—to now take Tamil lands. If lands are needed for development in Mullaitivu, there are State lands. If unauthorized persons occupy State lands, they can be evicted within three months under the State Lands (Recovery of Possession) Act. If private land is required, it can be acquired under the Land Acquisition Act with compensation. Instead, you use an old colonial law to vest lands. This is not your doing alone; it seems actions initiated by officials two years ago are being carried forward without understanding.
¶ 03 Do not proceed. Today Mullaitivu, tomorrow Deegawapi, next Ampara, then Jaffna—this will continue. The Land Settlement Ordinance is a relic of colonial rule designed to vest lands in the Crown. Once proclaimed, if no one proves legal title, the entire land becomes State land. That may have fit that time; it is not fit now. Today, matters should be handled under the State Lands (Recovery of Possession) Act and the Land Acquisition Act. There is no provision to suspend this Gazette under that Ordinance. Please revoke the Gazette. There is no other way out.
¶ 04 Thank you.
Provenance
- Source
- Hansard, Tuesday, 20 May 2025 ·No. 1749010823009957 ·English daily/uncorrected Hansard
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Cite as: The Hon. M. Nizam Kariapper, PC. 10th Parliament, Parliament of Sri Lanka. Hansard, 20 May 2025. No. 1749010823009957. Politick, https://staging.politick.io/lk/speeches/25992