Fraser V. British Steam Navigation Co.,Ltd.,

Present : De Sampayo J. and Schneider A.J.   1921

FRASER v. BRITISH STEAM NAVIGATION CO., LTD.

71-D. C. Colombo, 2,526.

Land Acquisition Ordinance, No. 3 of 1876 - Compensation - Is the purpose for which land is acquired to be taken into consideration in determining compensation ?

In determining the amount of compensation to be paid to the owner of land acquired by Government under the Land Acquisition Ordinance, the Government Agent can take into consideration the purpose for which the land is acquired. The words " the damage sustained at the time of awarding compensation" should not be construed as meaning the damage actually suffered at that point of time without reference to the continuing damage caused by the acquisition. The " injurious affecting " must be estimated with reference to the date of the awarding of compensation, and according to the purpose for which the land is proclaimed to be required. The measure of the injuria will differ as the purpose.

THE facts appear from the judgment.

A. Drieberg and H. H. Bartholomeusz, for the defendant company, appellant.

Solicitor-General (with him Fernando, C.

Click Here to Read the rest of this document