Chairman, Municipal Council, Colombo V. Fonseka, Et Al.,

1936 Present : Abrahams C.J. and Koch J.

CHAIRMAN, MUNICIPAL COUNCIL, COLOMBO v.
FONSEKA et al.

9-D. C. (Inty.) Colombo, 2,898.

Land acquisition-Land acquired by Crown within Municipal limits-Street lines laid over building land-Depreciation of land-Compensation Ordinance, No. 19 of 1915, s. 18 (4), and Ordinance No. 3 of 1876, s. 22.

Where street lines have been laid down under section 18 (1) of the Housing and Town Improvement Ordinance, No. 19 of 1915, in respect of land abutting a public street, and the land is subsequently acquired by the Crown by directions issued to the Chairman of the Municipal Council,-

Held, that in determining the amount of compensation to be paid the fact that the land has ceased to be building land may be taken into consideration.

THIS was an appeal from an order of the District Judge of Colombo determining the amount of compensation payable to the respondents in respect of the acquisition of an allotment of land belonging to them situate at Havelock road.

The acquisition was made by the Chairman of the Municipal Council in pursuance of a direct

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