Assistant Government Agent V. Abdul Rahiman

1926 Present: Dalton and Lyall Grant JJ.

ASSISTANT GOVERNMENT AGENT v. ABDUL RAHIMAN.

81-(Inty.) D. C. Kandy, 315.

Housing and Town Improvement Ordinance, No. 19 of 1915, s. 49- Land covered by building-Dedication-Land Acquisition Ordinance, No. 3 of 1876-Compensation-Sections 21, 22, and 23.

Where land covered with buildings and other land, within the lines of a back lane, scheme, was acquired under the Land Acquisition Ordinance for the purpose of executing an improvement under the Housing and Town Improvement Ordinance.

Held, the owner was entitled to compensation for all the land acquired and that the Crown had no right to claim the benefit of section 49 of the Housing and Town Improvement Ordinance.

FOR the purpose of the execution of a back lane scheme in the town of Kandy, under the provisions of the Housing and Town Improvement Ordinance, it became necessary to acquire an extent of land 4.57 perches in area. The Assistant Government Agent, acting in pursuance of the mandate issued to him by the Governor, proceeded to take order for the compulsory acquisition of the said lot, and offered a sum of Rs. 2,300

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