Page 1
Land Rights and wo
Province of (Post war
A Research
Saroja Sivach
Centre for Women
 

men in the Northern
Sri Lanka
situation)
Based Book
andran M.A .
and Development

Page 2
fue - Land Rights and Women i
Author - Saroja Sivachandran
Published :- Centre for Women and De
Jaffna
O21 222 4398
Email- cwdjaffna.(a)gmail.co
Web:-www.cwdjaffna.org
Printed by :- Theepam Printers,
717.K.K.S. Road, Jaffna.

in the Northern Province of Sri Lanka
velopment

Page 3
Land Rights and Wor
Province of
Centre for Women and
ISSN: 180
ISBN: 977-18C
This book is written on the basis oft to the land rights of women in three specifi read this book written in Such a manner related to their land rights. The focus of th and we anticipate that there would be m
Nomen in the future.
 

hen in the NOrthern
SriLanka
Development -2013
O 3109
|-03100-0-2
he field research carried out with regard : regions. We believe that women would to educate and elucidate the land laws is book is on a particular period of time any reforms with regard to land rights

Page 4
Co
Research Summary Felicitations
Details of tables
Details of plates/photos
01. Chapter One
1.1 The research title
1.2 The background of the researc 1.3 The research objective 1.4 Research methodology 1.5 The assumption of the researc
02. Chapter Two
2.1 Theoretical approach 2.2 The area under research on Su. 2.3 Women and land rights
03. Chapter Three
3.1 The ground situation in the Sul 3.2 Landless people 3.3 Illegal land ownership
04. Chapter Four
4.1 The role or function of the Cet
problems faced by women.
05. Chapter Five
5.1 Conclusions and Recommend
06. Chapter Six
Annexes

intentS
h Survey
rvey
rvey area (region)
ntre for Development in the land
ations
ii

Page 5
Pref
Women have been facing problems in esta After the displacement however, due to the civil may 19 the people had to face several difficultic while the resettle process is on .The people hav Administrative Structure created after the warh people. Who were returning to their own area.The The area we have chosen for our field research w the District & which had accommodated the Disp had not only been forcibly ousted from their areab the displaced people have been living in tempora
solution for these people.
They have to go back to the place where make them beaware of the legal procedures requil Several NGOs are very actively functioning in this on the Survey they have carried out on the land p1 reports have reached the affected people. We belie land laws in relation to the problems they face wc affected people, specifically the women who shou
Our sincere thanks are due to all those who out. We are grateful to those who have helped us to FOKUS for promoting and supporting us to ca time
 

lishing their land rights since alongtime ago. var and following victory achieved after 2009
in claiming or establishing their land rights
little knowledge about land laws. The land s caused further complications for these poor laws in operation were not helpful in any way. are the Districts under District Secretaries and aced people. The study reveals that the people ut also compelled to live in other areas. Most of y abodes and this cannot be the governments
they had been living. There is a need for us to ed to claim and posses the lands they have lost regard. Many of them have published reports oblem. It is, however, doubtful whether, these ve that this book, brought out after studying the uld educate them and elucidate the laws to the lder the burden of their families singlehanded.
have helped in various ways to bring this book in our field research. Our special gratitude goes Irry out this research document in this needed

Page 6
Research
The topic “Land Rights and Women int)
How Could effective measures be taken in C
establish their rights and to improve their effo arenas taken for the study were under the Val
District and Oddusuddam D.S. Division in the
areas through questionnaires have been anal chapters .The first chapter has the title, th methodology etc. Chapter two focuses on the th rights. Chapter three the details pertaining to til tables and plates. Chapter four includes the a
regard to women's land problem.
Chapter 5 shows the research methods a

Summary
he Northern Province was taken up for this study. order to know the efforts made by the people to its is the basis of the objective of this study. The ihamam D.S. Division .The Island in the Jaffna
Mullaitivu District. Data collected from this study Zed and incorporated. The study consists of five e background, the objective and the research heoretical (Qualitative) approach related to land he state / situation are explained with the help of
ctivities of the centre for and development with
nd illustrates how it is done.

Page 7
Rese
The 09 provinc
 

rch
S of SriLanka
لر.

Page 8
Map of Nor
*=~ i
 

Ce
hern Prov
r
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2

Page 9
District o
 
 

-------------------* *를 +*
-:- ----
Jaffna

Page 10
Dictricts 0
繆 繆繆 *響 餐》緣
 

theVu
i
f Mulla

Page 11
Chapte
General Details
1.1. The research topic
Land rights and women in the Nor (Postwar scenario)
1.2 Research Background
The Srilankan Constitution does not state ownership. The 13"Amendment to the Constitutio Accord, hoverer, has provided for the creation of powers related to land to the Provincial Council Provinces particularly were brought under one un (decentralized). Through this amendment, land Settlement and Such powers were given to the Pri belonged to the Central Government.
Although the 13"Amendment provides for In the Article 3 of the 13" amendment though it is should be formed and as such a commission has no is controlling the land policies. It should also be Councils are carried out despite the absence of ele
Hierarchy
Standing C
Kandyan Law/M TheSawal
Roman Dut
Customary
Precede
Custon
In the Srilankan Enactments, the laws rel orders and under the Roman Dutch law. Through religious and racial rights of the people have been been inforce in Jaffna to protector conserve and
Got
 
 
 
 
 
 
 
 
 
 
 
 

One
hern Province
specifically anything related to land and land , made on the basis of the 1987 Indo-Srilanka rovincial Councils and thereby bestows some S. The Northern and Eastern Tamil majority tand the powers for this region was devolved
rights, forcible eviction transfer land use Vincial Councils. The State Lands, however,
aland policy they were not fully implemented. ; stipulated that a National Land Commission Eyet beenformed the central government itself mentioned that The functions Of Provincial cted Provincial Council in the North.
t of law
ited to land are enshrined under the standing heir customary laws the traditional rights, the protected and maintained. Thesavalamai has laintain the customary rights of the people.

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After the war has ended in the No. adopted a new policy regarding the land rigi the Governor who is functioning as the Adm made with regard to land. The Minister of La the Land Commissioner General of Land is regard to land and resettlement at the Dist Commissioner's level. Beside this, the n Commissioner General with regard to resol riots. makes the situation clear. According to great influence in the resolution of disputes.
The Mahaweli Board under the Cent development related to the development of i the North is carried out according to Projec Minister concerned is bestowed with the provision of irrigation for development. In a development, land ownership, land control la Northern Administration.
The Mahaveli Drainage Project, St. Wellioya projects also come under this. The p an Anuradhapura, Trincomalee, Mullaitievu a
The Libration Tigers of Tamil Eela owners had gone abroad (from the northern plotted and given to the landless family mem War is over the land owners face problems in Occupied by the armed forces and they claim acquire the private land and this has created c who got displaced in stages have lost their di couldn't keep them safely during the last ph position to establish the ownership of their lai Mullaitivu Secretariat several documents go remain uncertain. According to the new circul the authorities who administrate the land in knowledge on land laws related to the resolu documents, loss of land and land grabbing by t Such a back drop this Surrey has been conduc areas with a view to know and publicize the rig
1.3 The objective of the survey
To identify the problems faced by wome
: To put forward appropriate and practicab
identified.

thern and Eastern Provinces the government has ts. In the absence of an elected Provincial Council nistrative Officer, plays a vital role in the decisions nd and Land Development with more powers than exercising his powers to implement matters With rict secretaries level and at the Provincial Land 2w circular No.2013/01 released by the Land ing the land disputes of the people Displaced due this new circular the new land policies have made
al Government plays an important role in the land rigation of Lands. The Irrigation development in ” L” According to Act 23 of 1979 of the board authority to create new structures related to the cordance with this it has given the powers of land ind grabbing and settlement to be included in the
age is 163,393 hectares in extent. Pathavia and roject encompass the administration districts. Such nd Vavuniya. These (regions) districts.
m possessed and used lands and houses whose province) The state land and private land had been bers of martyred under a permit system. When the repossessing their land. These land and houses are them to be theirs. The Government is planning to omplication regarding the private land. The people ocuments they had taken along with them as they ase of the war. Because of this they are not in a ld. In the administrative offices, particularly in the t destroyed. The people's rights to their land still ar No. 2013/04 on land documents, the people and the in the North and East do not have adequate tion of the land disputes, border dispute, loss of he armed forces and for developmentactivities. In ted in the Valihamam, Velanai, and Oddusuddan ht of the women about their land rights.
in regarding their land rights. e Solutions for each and every problem so
o6-)

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1.4. Research Methodology
Through several reports and interview problems with regard to repossessing their llar however, was to directly observe the various pr publicize the problems supported by the data col officers and the armed forces to become aware C validity of the collected data providing lega resettlement is also one of the objectives of this for the affected women to discuss their problem further action. By making use of this report wo related changes. The District Secretary's regior affected and the people there suffered displa secretary's regions along with the problems face resettlement and while engacing in enaiting the Vanni region, Oddusuddan in the Mullaitievu District Secretariat's area and in the Island Secret
Survey.
These Model District Secretary's region problems faced by the people during their Displa Secretariat's area falls in the Mullaitievu Distric phase of the war in the Vanni region in 2009 at resettled in this area in 2011. The resettled peop their abodes.
The dimensions of the problems of th Secretary's area are varied and different. They result of the creation and expansion of the Palaly, the boarder areas of the Army Base for nearly 23 some of the boarder villages.
Thelli
Table: 1 Sample data obtained from 35 fa
Land less people
Displaced and in alternate land or in refugee camps
Lived in rented houses
Total
 

it was observed that women faced several ls after the war. The objective of this study, blems related to land through a survey and to :cted and thereby enabling the people, the land the problems. Furthermore on the basis of the
guidance for the landless people for their udy. This survey has created a common forum s together among themselves and for taking nen can stress for and press for lawful, policy s chosen as samples for the survey were War sement several times. These Model District i by the people in regaining their lands during ahodes became the focus of this study. In the District, in the Valihamam region Thellipalai riat's area Velanai were chosen for the sample
s were chosen for the survey focusing on the Icement and resettlement. Oddusuddan District ... The people who got displaced during the last ld stayed in the refugee camps were gradually le, however, face several problems in erecting
le people resettled in the Thellipalai District are the people expelled from that area and as a Army Base. After remaining in refugee camps in years some of them were allowed to resettle in
palai
milies were analyzed.
Number Percentage
21 60%
14 40%
35 100%
7.

Page 14
Velanai District Secretary's area falls displaced during a military operation and m region. For various reasons these displacec However, with the end of the war and with th families have got themselves resettled and th also came and putting up temporarily in thes lands that remain unoccupied but there are m therefore clear that though the people in these with various dimensions their land related pi Was prepared to study the land related probler these three regions which come under the thr collected by the field officers the details of the of our survey data.
Ve
Table: 2 Sample data of 20 families wer
Land less people
People in rented houses
Land permit Holders
Total
A two days seminar was also conducte land problems. Officers who handle land affair study and the Presidents of Women's Associati in the discussion. Retired Deputy Land Commi at this seminar and he explained the land polic undergone difficulties discussed their problems approaches for the resolution of their proble government officers, the displaced and resettle meetin one place and discuss the problems.
1.5 Research Hypothesis
O In the post War situation when Women hea
about their land rights.
O Women living in these areas under study have
longtime. -
o The complexities seen with regard to land ov
rights to their lands.
G

der the Islands. In 1991 the people ofthisareagot ved toward the Jaffna Town area and the Vanni people did not go back to their native places. change that have occurred in the country several se who got displaced from the Vanni region have areas. In this region though there are many bare ny people who do not own a piece of land. It is ree regions taken up for study confront problems blems are common to them all. A questionnaire Sand ownership of the displaced people living in e Divisional Secretariats on the bases of the data landless people were obtained and in the analysis
anai
analyzed.
Number Percentage
O6 30%
14 70%
20 100%
l in order to obtain further details with regard to S in these three divisional Secretariats chosen for ons from these areas had been invited to take part ssioner Mr. KKurunathan was a resource person es of the present Government. Women who had with the Government Officers and analyzed the ms. This seminar has paved the way for the i people and those who are yet to be resettled to
their families have had inadequate knowledge
ad inadequate knowledge about the land laws for a
inership is cumbersome to establish the women's
-)
O

Page 15
Chaptei
2.1 Theoretical Approach -
People made laws in order to establish pea rule the people. Under the Legal System prevale law is also one of the three special laws. As "Thsavalamai' law is an important law and it is foun Northern Province. Thesavalamai' law is a set c Mudalis during the Dutch Rule. It is based on the c Dutch Rule. "Thesavalamai' means the customs of law in 1707 under the Dutch Rule. Later in 1806 "Th
As a as the Northern Province is concerned great influence since the Dutch Period. It is "Thesavalamai law' will be in force even though Thesavalamai has an influencein the Northern F among the Muslim as it the "Kandyan Law' forth Sway in theis country. "Thesavalamai" has a comp properties of the people in the Northern Province. Province is concerned. The Tamil people governed without any clear understanding about this law. acceptability.
: To whom the Thesavalamai is acceptable? * This law particularly is found to be acceptabl
Common law)
According to Regulation No 18 of 1806, agreement for all the disputes among the Malabar Malabar resident has to be found in consonance \ usually followed.
The special Features of the Thesavalamai law
Whoever owns the immovable assets in th Mulaitivu, Vavuniya and Mannar, they would b means a land in the Northern Province that is own would come under the administration of the Thesa Thesavalamai law which has a Special Privilege.
Property Law
Properties are classified into 4 as stated belov
1. Inherited property
2. Dowry 3. Thediatheddam 4. Rights
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Τννο
2 in their lives. Later the laws have begun to I in SriLanka, Thesavalamai' the customary ar as the Northern Province is concerned to be the only law that rules the people of the laws compiled with the help of the Jaffna stoms that prevailed in Jaffna well before the
Nation."Thesavalamai' law became a written savalamai' became a law.
"Thesavalamai law' has been inforce and has well known that there is a provision that a 'Common Law' has been in practice. As
rovince the Muslim law has great influence e Sinhalese. These three special laws have a lete sway over the marriages and assets and tis a very powerful law as far as the Northern by the Thesavalamai law, however, are living When it comes to analyze Thesavalamai
e for any case (with the exception of the SL
in the Province of North for resolution of or residents and in disputes where one party is a with Thesavalamai customs and this has been
epresent five districts of Jaffna, Kilinochchi, governed by the Thesavalamami law. That
d by either a Tamil, Muslim or a Sinhalese, it
alamai law. No laws in Sri Lanka except. The
under the Thesavalamai law.

Page 16
I. Inherited Property
An Inherited property is the property when their parents die or their parental an Inheritance Ordinance No 58 of 1947 Statest with the money obtained by Selling an inherite property. Neither a wife nor a husband can cli case of their death of a person who inherits a spouse of the deceased cannot claim a share of
The fact is that his dowry belongs ol interstate only an equal share of it devolves on
2. Dowry
Dowry is what donated by parents to day of the marriage or even after her marriage of his demise donated by the mother. In the e whatever is donated to the daughter by her considered to be dowry. The law does not stat cush is mostly preferred as dowry These da great importance is given to dowry in the Thes: Northern province governed by the Thesaval whom a dowry properly belongs to. It may bes the husband and wife and it states that the However as stated in the deed, the dowry pro event of the death of her children the dowry g were donated by parents and in the event of the the dowry would get an equally divided share Sold while the marriage is still intact the conset required (Chellappa Vs Kumarasamy case bea from his side have no claim whatsoever inad all the benefits that accrues from the dowry. T have any claim over a dowry house. ordinance doesn't have even the right to donate his d Thesavalamai law had conferred this right on that are prevalent in the Northern Province Thesavalamai law it stresses that the husband marriage is intact.
3. Thedivateddam
When marriage is intact the property pu Thediyateddam.In this half the portion goes to Husband has the right to transfer his portion as the Thesavalamaicustomary law need to get col
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that devolves on a man or women (passed onto) cestors die. The Jaffna Matrimonial rights and hat a property bought with the money inherited or 'd property would also be considered an inherited aim a share on their spouses inherited property. In property, it devolves on his or her children. The (t.
nly to the women who accepts it and if she dies her children.
their daughter for an intended marriage or on the Dowry is usually donated by the father or in case vent of the demise of both the father and mother brothers or sisters or even her relatives is also e that a dowry should be given by cash.Through ys.It is donated through dowry deed AS place of avalamai law. It is deplorable that the people in the amai law do not have a clear understanding as to o because the dowry deed bears the names of both property belongs to both the husband and wife. perty is the personal property of the wife. In the oes back to whoever had donated it. If the dowry air demise the brother of the women who accepted of it. However, if the dowry property were to be nt of the husband and his signature on the deed are Ars evidence to this) The husband or his relatives owry property. The husband however, can enjoy he husband and the relatives from his side do not No 1 of 1911 states emphatically that the husband lowried property to his children but the earlier the husband despite the diverse imaginary views with regard to a dowry house. It we look at the has his right to dwell in that house as long as the
rchased either by the husbandor the wife is called the husband and the other half goes to the wife. he wishes to any person but the wife covered by insent from her husband to Sellit or transferit.
0-0
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Page 17
4. Inherited property (not from the parents) The right of the property inherited throug parents. The owner of the property either not mal It's a property that comes from the ancestors in a property and he/she can transfer it to anyone.
2.2 Jaffna District
For the research titled “Women and Land Ri
The Islands Divisions in the Jaffna Disitrict and
Disitrict, were taken into consideration.
ELLS EELLEELESELltLLSYtLLtL tTmtZtlLLLLLLL LL LLLLL LLLL LELE
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兹x必弦,兹、 3: స్థ భ இx ※ : ৪×১০ & 38:
&ல் 88: } : : :
Jaffna District is in the Northern border ofth 410km from Colombo. The District of Jaffna h Eastern borders (Bay of Bengal) and the Jaffna Southern border. The District of Jaffna is
Thenmaradchy and Vadamaradchy Divisions.
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the relatives but not directly from the ed or having children. aditional way . It belongs as an individual
ints in the Northern Province The Valihamam, he Oddusuddan Division in the Mullaitievu
is . à à ses à « ; il affas a :
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w8& --------- - 綠
:Northern Province. This is a peninsula almost is the Indian Ocean as it North western and
Lagoon and the District of Kilinochchi as its
Sub divided into The Isands, Valihamam,
t

Page 18
There are 15 Divisional Secretariat Divisio
Table 2.2.1
The Divisional Secretariat Division
No Divisional Secretariat
01 Delft
02 The Islands South
03 The Islands North
04 Karainagar
05 Jaffna
06 Nallur
07 Valihamam South Wes 08 Valihamam west
09 Valihamam South
10 Valihamam north
11 Valihamam east
12 Themaradchy
13 Vadamaradchy south 14 Vadamaradchy north 15 Vadamaradchy East
Total
2.2.2. The Location of The Velanai Division Out of the Secretariat Divisions sh Valihamam North division are chosen for thes
Divisional map of Divi
Division Map Divisional Secretaria
 
 
 

S
s in the District of Jaffna and total area
Total area in square K.m 45
78
30
22
17
38
t 45 44
division
30
57
West
own on the table, the Islands Division and the
urVey.
isional Secretariat, Velanai

Page 19
Velanai Division in one among the one cho displacement and resettlement in this Division di Division is one out of the 15 divisions in the distri West of the city of Jaffna. Under the Islands administrative units such as Gramaniladhari divisi Allaipitty, Velanaiand Nainatievu.
The Velanai Division is 98.4 squad kilom Jaffna district. Its Northern and Eastern borders : Division.
Population
The population of Velanai Division accor from the 5621 families.
Displacement ܗ
A large number of people displaced from t abnormal situation that arose in the country have population in this division dwindled and many damaged. With the end of the war and because of th this division and those who do not belong to this div
The Centre for Women and Development) Velanai division. 30 women with their land relate the war participated in this seminar. The resour Deputy commissioner Mr. Kurunathan had enlight
At this Seminar he has elucidated the law women who were dwelling in state lands, intemp of property rights inheritance and Thesavalamai.
He has also answered questions regarding division and has also fully cleared their doubts.
Details of the study
1. Premagowry from Punguduthevu
Q:- I have been living in a state land since V 2002 got resettled there but I have neithe do about this?
A:- You have to apply for the selection of issued a new circular. According to this have been granted to someone or alloc have any document for their land shoul new circular.
G1

in for the survey related to land problems. The rs from those of the other divisions. Velanai of Jaffna. This lies 15 KM away to the South South Divisional Secretariat there are 30 S and the Subdivisional unit of Mandalitievu,
ters in extent. This is 09% of the area of the e bound by the sea on the west is the Kayts
ing to the 2009 census was 18,983 people
he Island South Division in 1990 owing to the gone to various places. As a result of this the houses and properties are abandoned and le resettlement processes now on the people of ision have come forward to settle downthere.
had conducted a seminar for the women in the d problems faced during the resettlement after ce person, the retired North East Provincial 2ned the women on land rights and land laws.
vs pertaining to the problems of the landless
elands and in private lands as well as the laws
the land disputes of the people in that
:ll before 1990 and got displaced and again in a permit nor a deed for that land and what can I
ndless people. The commissioner of land has rcular No. 2013/01. Your said land should not ed for any special purpose. Those who do not apply for a specimen form as stipulated in the
Y ->

Page 20
2. K. Langeswaran from Punguudutievu
Q:- I have lost the deed of my ancestrall A:- If it is the land of an individual, ac inheritance it can be determined ir get a deed of possession executed.
3. Nages waran Pavanathan: From Velan Q:– How canthelandleSS people beiden A:- One should not have sold or bought a only child of parents. He or she sl his wife's name or in the name of chil Those who have put up a permanent He/She should be a citizen of Srilanl
4. G. Vijayadas from Pungudutievu
Q:- An individual claims ownership to
since 1962. Who enjoys the right ofp
A:- If it is a state land, the local body has order from the President through thi land an application has to be made by Divisional Secretary and the said lan the local body has to allocate the ful the owner of the land The said fundh prior permission obtained from the N Secretariat could take action to evacu
Land Use -
If we look at the land use in the Islan waste land, marshy areas and water beds. Pad fall. As there is a shortage for water the Stray c be a profitable occupation for the people O Tobacco is cultivated in highlands as a cash c this division.
Most of the people live in their own la There are Some in the State lands as Well. Som there aren't many land disputes in this divisi with regard to the boundaries of lands and pas to be suitable for dwelling. According to the coastal villages such as Ambikai Nagar, Chec populated.
40

and. How can I get a copy of its deed? :cording to the laws of possession and the laws of n whose (name) possession is and that person can
ai
tified or selected? a piece of land in the past. He or she should not be the hould not own a land anywhere else in his name, ldren less than 18 years of age. house to live in their parents land cannot apply.
Ka.
a piece of land that had been used as a playground lossession in this case? to claim for it and establish the right by an alienation e Divisional Secretary. If it is a private individual's y the local body to the Ministry of Land through the d can be possessed, acquired and alienated. To do so nds for the acquisitions and to pay compensation to nas to be deposited in the Divisional secretariat with Ministry of Lands. If land it is a state land Divisional late him.
ds Division area over 25 percent of the land is arid dy is cultivated once a year when the seasonal rains attle area great menace. Cultivation is not found to f this division because of the alternate cropping. }rop. Palmyrah however is an abundant resource in
inds within the Velanai Division limits in the Island. elands belong to the temples. The study reveals that on. After the resettlement however a few disputes Sages have arisen. 4648.24 hectare of land is found 2010 census the population is 18729 people. The ldipulam and Kannapuram are found to be densely
-

Page 21
Population of the study area
Islands south division
N
The study area of Valihamam north has 4 Thellipalai, mylidy, Kankesanthurai and mallaham North Division has a population of 28019 people.
2.2.2 The study area Oddusuddan
綠綠
::$8.
 
 
 

Islands North Division
i Grama Niladhari Divisions that includes According to the 2010 census Valihamam
::::::::::8......xxxx
ல ை
茱

Page 22
Mullaitivu District was newly created Mannar, Trincomalee and Vavuniya. On its in the South of it is the District of Trincomalee a East is the sea (the Bay of Bengal). It is 2617s the total area of Srilanka. This District is furth it comprises of the 624 villages in this area.
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響
3. 鄒 鄒
in the year 1979. It is surrounded by the District of orthern border is the District of Kilinochchi and on ind Vavuniya and a part of Mannar District. On the quare Kilometers in extentand forms 3.8 percent of er divided in to 127 Grama Niladhari Divisions and

Page 23
Table 2.2.3
Divisional Secretariat Divisions in
No Divisions
1 Maritimepattu
2 Puthukkudiyiruppu
3 Oddusuddlan
4 Thunukkai
5 Manthai East
6 Weli Oya
Total 1
Oddusuddan division chosen for the survey extent. It has 147 Grama Niladhary Divisions and 62.
2.3. Land Rights and Women
The land rights of most of the women in the the Thesavalamai law. The women's ownership of la their life pattern. The dowry system marriage arran women in the Tamil Society are maintained as unw been disadvantage to the women over along period. style. Women face several challenges when it col property all by themselves.
Women are the most affected by the intense war conditions. As the women have lost their lands endangered. During the war and after the war w mentally and physically affected by incidents c members particularly the husbands and male child Nursing and caring for wounded children had been said to have come to an end the problems and confu Many families, including young girls and boys are: their ownhouses for their own security. Resettleme are often questioned under suspicion that they m Besides these women face many difficulties ing related documents they have lost when they got dis
Families headed by women have acutely husbands during the war. Records show that 40,0
-7-

he Study Area of Mullaitiuv
otGN No of Villages VISIOS
46 214
19 179
27 100
20 30
15 71
20 30 47 624
in the Mullaitivu District is 618 sq.km in 4 villages.
Northern Province is under the influence of und, houses and property in closely knitted to gements and inheritance of property for the ritten customs and all of these have always This is evident from their life pattern and life mes to possessing and controlling Valuable
war in the North of SriLanka and in the postand property their livelihood and security are men have had many set backs. Women are f abduction and disappearances of family en as well as by the loss of life and property. big burden for them. Even though the war in ions the women face has not come to end yet. Laying in other places instead of resetthing in
thas become a' Crisis' for the families which
ght be Supporters of the Liberation Tigers.
ting new copies of their land and property laced during the war.
sen in number owning to the death of their 0 women in the North are widows. Figures

Page 24
show that 29,000 women in the District of Ja the responsibilities of their families all by the families pause a challenge to the women. Wo duties so far shouldered by men. Besides
mentally deranged, the aged and the feeble or
MASSIVE PROTEST IN MU
GRABBING BYT
Problems faced by women in getting 1
Resettlement of the displaced families Land mines are cleared in many War Zones an However, resettlement, identifying and conso the women. Though three years have rolled O. of Police and Army in the North has not yet t lands that are ready for this purpose because th the Jaffna Peninsula over 30000 persons (as evicted from the areas closer to the Palaly Arn People evicted from these areas were kept Zone borders.
The people who had spent nearly 23 ye Government to see that they are resettled in Smoke. In 2011 people of the villages of V boarders were allowed to resettle in their ow houses and valuable trees had been destroyec thorny thickets. They faced great hardship in


Page 25
once again. Women couldn't cut down the trees themselves. They continued to live in sheds erected penury, Excluding those who got resettled in their hesitant to go back to their own houses and with no the houses of their relatives and leading a dependen
With the changes occurred after May 2009
areas and remained closed so far has been opened. shops have been demolished and army campsareer women heading their families and there is a sens reveal that women who live near army camps are scared to speak out though such incidents have occu discussions on the strategies that could be adoptedt incidents by creating Some groups against sexual v in fear. In the North figures from the incidents
against women and by the Centre for Women and have been Sexually assaulted and made pregnan safeguards the Women's right to property whenev, Someone else or to be sold, her husband's written co husband or in case he refuses to give his consent w order. (Even in this special law of Thesavalamai marriage is intact a women cannot transfer the p another person without her husband's consent. Bu parents die interstate the land or property devolves the Land Development ordinance. For the womene she is the eldestin the family the land right devolves
When the post-war scenario is scrutinized i the ownership of land, possession and control of effected only through policy changes and changes possible only when the Government offers pos problems of the people.
2.3.2 Resettlement
Owing to the 30 years of war and due to ti 2009 hundreds of thousands of people in the Vann and become refugees. Some others sought asyl overseas. Resettlement efforts were begun when people faced various problems related to their land
International Humanitarian Regulations S be resettled in their own places as they wish.
The Government that should abide by the the Humanitarian Laws, however, is not steady ini
-O -19

clear the bushes or put up the huts all by ere and there and they are driven further into aces, there are 5700 families which are still aces for them to live in have found refuge in ife.
e A9 main road that links Jaffna to the other Dn both sides of the A9 road the houses and pted. These camps area threat to the resettled of insecurity. Reports made after a survey sexually harassed and affected. Women are red. It is known that many NGO's are having empower the womento prevent such violent olence among the resettled Women who live ecorded by the groups against the violence Development show that many young women E. Though the Thesavalamai law in Jaffna r a land is to be transferred in the name of insent has to be obtained. In the absence of her omen can sell their land only through a court women's rights are denied) As long as her roperty her parents have donated to her, to t it is not so in the case of a husband. If the on the eldest son. This law is incorporated in qual rights are denied here. A women, even if on the eldest Son.
is not evident that the situation with regard to roperty has changed. Such changes can be through legal enactments. Besides that, it is tive co-operation with regards to the land
e last battle fought during the month of May area got displaced left their homes and lands m in other Secure places and in countries he war was over. It was at this stage that the
that the internally displaced people should
international Human Rights Regulations and stand with regard to resettlement.
-O-


Page 26
The army stated that 1185 people b Farm, where the highest number of refugees after the closure of the farm. Of these, only 2 place named Manthuvil. The rest of then Kepapulavu, were not resettled in their villa were taken to a jungle area in Seeniamottaic own places. These people are frustrated and resettlement. -
The future of 30000 people displaced fr them they are driven to the street.
The land owners are compelling the pe after they had been displaced from Valil Uduppiddy has recently forced the refug vacate. This has caused great difficultie is going to acquire the lands of people O
2.3.3 Reconciliation
Though the Government states that a reconciliation among the people of different army has grabbed the lands of the people an administration This is not all Conducive to From Palaly to Mullaitivu, Kilinochchi, Mar in Mannar, District, the Army has grabbedt cultivation around the camps they have ere without the interference ofthe army. Therese Social and Spiritual duties independently. E the country the true picture shows that law a areas. Unlawful activities and abuse of wom and the deprivation of jobs and occupation b activities can be seen in many dimensions.
2.3.4. Army Camps
Most of the Head Quarters are locatec in the North and the East. Under the Jaffna. He 57",65" and the 66" divisions are in Kilinochc the 54",56"61" and62" divisions are in the V: an STF division in the North. Further more t stationed in the North. A 19 division strong a extent of the land in the North and East.

elonging to 361 families who stayed in the Menic ived after the war, have been sent to their ownplaces 51 families were taken for resettlement in their own
- 110 families who belonged to the village of ge of Kepapulavu. But diverting their attention they espite their obstinate demand to be resettled in their no arrangement whatsoever has been made for their
Om Jaffna is uncertain AS land owners evict
ople who are putting up in temporary camps lamam East. A private land owner in gees from Valihamam putting up in his land to s to the displaced people while the Government f Valihamam North.
(Thinakkural Jun-11)
ter the Warpeace prevails in the country and there is races it is contrating the situation that prevails. The d stationed there and they also interfere in the civil
the reconcilatian. the Government Speaks about. ukulam, Kanakarayankulam to Sannar mullikkulam he fertile land and they themselves are engaged in acted there. People cannot engage in any activity titled people, therefore, are unable to discharge their ven though Government says that peace prevails in nd order has not properly been established in these en and children are on the increase. Land grabbing y the people from the South and several other such
land Divisions of the SriLankan army are stationed ad Quarters are the 51",52", and 55" divisions. The hi. The 59",64" and 68" divisions are in Mullaitivu, unni District. Besides these 16 divisions there is also he Special Forces of 53" and 5.8" divisions are also rmed forces are stationed in 35 percent of the total


Page 27
2.3.5 The recent stand of the governme
The Government is taking action to acquir Division for the construction of Army Camps. The said area. The land owners are very firm that they request or command. The notices put up about thes been identified by the owners. The people say that they are carrying out this task under Act 2 oftheLar
“Allow us to go to our own soil. If not, We v return.” What we want is Our Own Soil. We ha dragged on for 2 years.
Not only in Valihamam East Division but also in grabbed. 6000 people ejected from Sambur now sta In Mandaitivu the Army has grabbed 600 acres ofre Further the displaced people have not yet been res Iranaitivu in the Kilinochchi District main land 18 Mullaitivu District, 3000 Sinhala families have bet people of Kokulai and the areas nearby and they Vannankulam, Ooradikulam, Thaddamalaikulam)
The traditional Tamil areas and villages Munthrikaikulam, Sarkaraiveli, Mariyamunai, kamankulam, Amayankulam, Sinnakkulam,Pari Ceylon Theatre etc are being given new Sinhalan families are settled there.
Protesting the Governments move to acqui 1400 petitions have been collected and case was taken up for hearing in the Supreme Court on 12 Santhiyakeddige. Justice Sripawan adviced, Salin who appeared for the state to review the immedia acquired under the land acquisition law Act 39A.
When the people are not allowed to go to th on has caused great frustration among the people a as prevents the people from rebuild in their econor the Government remains uncertain.

it with regard to the lands
6381 acres of land in the Valikamam North ie are 24 Grma Niladhari Divisions within the re not going to comply with the Government land acquisition say that these lands have not his is incorrect but the government says that dAcquisition Law.
ill go to our lands with white flags and ve been patiently waiting but they have
Thinakkural 17.3.2013
other places the lands of Tamils have been y in Kiliveddi, Mantchenai and Mutur camps. :d soil garden area. These are cultivable lands. ettled in Paravippanchan, Maruthunagar and )0 families have not yet been resettled. In the 2n settled in the lands that belong to the Tamil have been given deeds (Nayarithamurippu,
such as Panaiyandankulam, Eriththakalu,
Ilanthaimunai, Puliyamunai, Vaththmadu, yanaru, Alangkulam, Pulipainthakal, and ames as Janakapura, Wellioya and the Sinhala
(Thinakkural 24.4.2013)
re6381 acres of land in the Valihamam North, field by the Lawyers in Jaffna. The case was 06.2013 before Justice Sripavan and Justice hira Fernando, the Deputy Solicitor General e acquisition notice (order) of the lands to be
air own lands while the resettlement process is ld has also created many social problems such y. At thisjuncture the reconciliation efforts of


Page 28
Chapt
3.1 The ground situation in the sur
Oddus uddan Division
Centre for Women and Developm Oddusuddan division. 39 women with proble participated. Resource person Mr.K.Kuruna Commissioner of land, explained to them abo
He has answered many questions r provided legal advice to the problems of Wor they are settled in state land, temple land O ownership, inheritance, and Thesavalamailav
MAN
Table 3
Data samples from 30 people were
Landless
Land transfer
Land Deeds Lost
People who lost their lanc
Permit Land
Alternate Land
Total
Q & A of land problems oft 1. P. Ambihapathy, - Oddusuddlan
Q:- Can We execute a deed of possession A:- No, it is not possible. It has been dor you trace for the registration of these
"Searching for registration is obtaine 6 month jail or fine of Rs 50,000 for
2. G. Nishanthini, - Mulliyawalai.
Q:- Can we sell a permit land? A:- A permit land cannot be sold or trans of Land Development ordinance.

er Three
Vey area.
ent conducted a seminar for the Women in the ms related to resettlement in their lands after the war than, the former North East provincial Deputy , utland ownership and land laws.
elated to the peoples land problems and has also men facing land disputes in case they are landless or ir private land and also their problems about land
λV.
NKULAM
analyzed
Number Percentage
03 10%
07 23%
ds 07 23%
06 21%
07 23%
30 100%
he Mankulam People 20.10.2012
for permit land? - he so for certain lands purely for getting money. If : lands, (you would find a note saying that, d”.) These are unlawful matters. One is liable for committing Such an offence.
sferred to someone for money under section 169
(-22


Page 29
3. M. Parwathy, - Mallavi North (Mangai Kud Q:-Another person claims ownership for a la
file a case against him? A.- If you have a permit for the land it is you claimant has no permit for the said landy under the primary courts Act section 66 a peace and from encroaching the land.
4. L.Jeyamani, - Mallavi North
Q:- How would the people be chosen for the D.
A:- According to land laws, application t through the Divisional Secretary and t of names would be released. After that th for a “Land Kachcheri” and when it is he names would be chosen by casting lots facilities for dwelling,
o Water facilities
O Transport facilities
o Not be allocated for the state use.
o Not an encroached -land all these should
5. M. Subashini,-Mallavi North
Q:- How could the landless people be selecte o Those who have not bought or sold a lande O Should not be the only child heir to the part
his, his wife's or his children's name (under 1
O Should be a citizen of Sri Lanka Should be ove house built at his own expense in his parents la
6. Markandu: -Katsillaimadam Oddus uddan
Q:- What is the extent of a permit land alloc. A:- According to the land Commissioner's ci 6 perch land per person is allocated if it i the Urban Council Limits, 20 perch if it i however, 80 perches could be given both if it is only for horticulture one acre is gi
7. Sita - Thunukkai Road, Manikulam
Q:- What is the extent of the reserved land? A:- According to regulation 99 12 (15.10.1 1. I chain (66 feet) on both sides of a 15fe If the channel is less those 15-50 feet V reserved. Nobody can claim this reser
-O G-2.

ruppu 194 families)
where we have lived for 20 years. Can I
case is stronger. If you are certain that the u can file a police case in the primary Court d this prevent him from causing damage to
tribution of land to the landless?
the landless people should be submitted e landless would be chosen and final list pse whose names are in that list Would apply ld and the lands will be plotted property and for the plots. These lands should have the
pertified by DS. office
d?
arlier. 2nts should not have a land any whereelse in 3 years) r 18 years of age should not live in a permanent ind.
ted for a person?
rcular 2008/04 . . . . . ...
in the Municipal Limits 10 perch if it is in in the D.S decision. In a D.S Division, for dwelling and horticulture purposes and
ՇՈ.
48)
twide channel. de chain (198 feet) on both sides/inclusive are dLand. This is 15 times of the perpendicular
} O


Page 30
height of the reservoir (that can be of the reservoir's bund extends to
both sides from the centre of the ro 2. The reservation for Sea beach is 30( (from the coast where greenplants
8. N. Devika, - Thunukkai Road, mankular
Q:- Can I claim my mother's lands? A:- 1. If it is a permit land with the heir's in 2. According to land Development following persons can claim owne 3. Son, daughter, grandson, grandda relation, nephew, niece. A Husb through inheritance. 4. When a person dies interstate (with on the eldest son of the deceasec devolves of the deceased on the el goes the eldest daughter. But if the right to live in that land unto de ownership. If the spouse is stated: land devolves on his/her. If the he land.
9. G. Nisanthini,-Mulliya valai, Thanneero
Q:- What is Thesavalamai Law? A:- According Thesavalamai law a husban
applicable only to the Districts of Jaffna,
10. S. Sakunthaladevi, - Ganeshapuram, O
Q:- What is the total extent of land aperson ca. A:- Only 50 acres highland of which 25 acres (
3.1.2. Thellipalai Division
 

measured at the slice of the reservoir) from the base wards the land. The reservation for road is 33 feet on
ad.
meter away from the furthest pounding waves grow)
2.
ames stated you can claim your mother's land.
law (ordinance) Regulations of schedule 3 the rship if the heirs are mentioned in the permit. ughter, father, brother, sister, uncle, aunt (blood and or wife can transfer the land to their spouse
out stating who the heir is) the land right devolves l. In case the parents die interstate the land right dest Son. If there are no male children then the land 2 spouse of the diseased is still alive he/she has the ath. After his/her death the eldest son can claim as the heir of the deceased then the right to own the ir (spouse) marries again he loses his right to that
Ottu.
d has nothing to do with his wife's land. This law is {illinochchi, Mullaitievu and such Northern region.
ddus uddan. nown under the land ceiling Act? ofpaddy land.


Page 31
The Centre for Women and Developmer Thellippalai Division. 34 women with land related it. our resource person Mr.K.Kurunathan, the retir of land. Elucidated the participants the laws related
During this seminar he has provided legal related to the land problems of women, their land land problem of the people of that Division now l. lands and the landless. He has given complete ex right.
Survey (study) details. > Sharing wells.
01. Pira veena -Thelipalai
What is meant bypassage to water? What is 1. Passage to water means the footpath to en shares with another person and also the canr 2. The cannal is 3 feet wide. 3. The footpathsarealso 3 feet wide. (This ist If the beneficiaries had earlier been using a they are entitled to do so.
02. S. Thanihasalapathy, -Thellipalai Q:- If a person lives continually for more them more than 10 years does he get the right ofp. O If a person possesses a private land fo infringement he has the right to own the lan years of age the person who used the landh years of age when the land user took it over the land for more than ten years after the ov entitled to own that land. But if the land use he doesn't have the right to posses it or own O If the owner of the land lives overseas or ha that land. The person who is of unsoundmi.
03. K.Sivanayagam,-Thellipalai
Q:- What is Thesavalamai law?
A:-Those who are born in the Northern Thesavalamai law. According to this law are interested in buying his property before

conducted a seminar for the women in the roblems after the resettlement participated in d North EastProvince Deputy commissioner plandrights.
explanation and given answers to questions ight, inheritance, Thesavalamai law and the ving in state lands temple lands., and private lanation to their doubts regarding their land
he extent of it? er the land where one has a common well he al for watering his/herland from that well.
he minimum) passage to water wider than this (said 3 feet)
1 ten years in a land or cultivates that land for OSSession?
over ten years without the land owner's d. But if the owner of the land was below 18 as no right to own it. If the land owner was 18 for his use and if the land user continues to use Iner had reached the age of 18, then the user is r posses a state land for however long a period
t.
been displaced the user cannot posses or own d cannot posses it or claim ownership to it.
rovince are ruled and influenced by the le land owner has to ask the neighbors if they he sells his land to others.


Page 32
04. K.Muthukkumarasamy, - Thellipal
Q:- Cana person living in Jaffna donateh
A:- If the donee accepts he can dona
Srilanka.
Q:- Can aperson living abroad sell the land C
A:- Yes, he can send a power of Attorney to Ministry of Foreign Affairs of his adop that country and get his land sold. The p power lives.
05. Manoharasa,-- Thellipalai
This related to mortgaging a land. In case and it the mortagagee acquires the land for much lower than the worth of the said land the dispute.
1. R. Senathirajah – Thellipalai.
Q:- Who are the ones who can getalandu
A:- The educated youth can get the educ 2,611, 120 and the Government Serva given on longterm lease under the Go
In Thellipalai Division, not b
ܠ ܐ ܝ ܠ ܐܬܐ ܀ܠ ܐܠ ܐܠ ܐܠ ܐ« ܀ ܥܠ ܐܠ ܐܠ ܐܠ ܐܠ ܐ
 

i Sland to someone who is living abroad? te his land but the donee should be a citizen of
onated to him in Srilanka?
someone in Srilanka with a recommendation from the ted country through the SriLankan High commission in wer of Attorney is valid until the person who vested the
a mortgaged (outright) land could not be redeemed the non repayment of a Sum of money that is very mortgager can go to courts and get a solution for the
nderthe I.D.Olaw? pated youth land with an annual income below RS nts with an annual income of over Rs 261 120 land is vernment law.
areas where resettlement has een done.
܀ ܀ ܀ ܀ ܀ ܀ ܀ ܀ ܀ ܀ ܀ ܀ ܀ ܠ ܐܠ ܐܠ ܐ ܐܠ ܀ ܀ ܀ ܀ ܀ ܀ ܀
羲。
&%- ****ঃপ্লষ্ট প্ল%» %.


Page 33
G.N DIVISON, WHERE RESETT 1. Kankesanthurai west 2. Kankesanthurai South 3. Kankesanthurai Center 4. Thenmayilai 5. Kurumpasiddyn 6. Mayiliddyththurai South 7. Mayiliddyththurai North 8. Thaiyiddy East 9. Thaiyiddy North 10. Myilidy North 11. Palaly South 12. Palaly East 13. Palaly North 14. Palaly North West 15. Palaly West
G.N. DIVISIONS WITH 50% OFT
1. NakuleSwaram. 2. Palaiveemankamam North 3. Palaiveemankamam South 4. Kadduvan 5. Varuththalaivilan 6. Kurumpasiddy East
3.2 Landless people
Many families without own lands or even sm Province. Owning a land means possesing the lega time the lands were controlled by the Liberation Ti occurred under various situations and thereby land changed lands the ownership of lands has become a who are willing to get resettled in their lands poss enter their lands because of the transfer of lands that
Displacement of people during the war has The interference of many officers, the circulars re control by the Army Officers etc have created mar claim for and togetback to their lands. These detail the Centre for Women and Development. Alotofi Survey. The LTTE had plotted the state lands and those people owned those plots of lands temporar they have lived on these plots for along period. Se plots of land for various reasons. They, however, their claim and ownership. And therefore the reas
G27
H-2

EMENT IS NOT COMPLETED
HE AREAS NOT RESETTLED.
all plots have been identified in the Northern 1 documents for the said land. During the war gers and because of this several land transfers ownership changed lands. With this document big problem. eventhough the displaced people is their relevant documents they are unable to had occurred during the wartime. -
reated several changes full of complications. eased by the government time to time and the 7 stumbling blocks for the displaced people to are revealed by the field survey carried out by formation has been gathered through this field ven permit lands and settled people there and y now claim those land to be their is because eral people of this nature claim ownership for io not have any legal documents to establish ns they state for their claim for ownership are
KO»


Page 34
  


Page 35
Before the war started, state lands in the Van families; 5-10 acres were given under permits convenient for the farmers to do their cultivation. T that they would be given deeds to hold those plots: happen. So the displaced people have no legal docu living in for alongtime. And therefore they are trea from the High Security Zones though had been li have their ownlands (for which they are truly entitl cannot be treated as landless people. Thus, in the ( with many different land problems have been id problemsidentified during the survey have many di
The Muslim people displaced from the Jaffn Puttalam and Chilaw. Now with the end of the wart in the Jaffna district, in their own places. As their pc various problems while being resettled in their plac
Taking into consideration all these problem related to the landless people and those who have lo
Complete details regarding the landless pe system with regard to land use should be observed using the land should be obtained. When new sch details there will once again be a chance for proble The Government and many non-government agenc in order to provide many facilities for the displace temporary and permanent . When the NGOS cons do so on condition that the land should be owned b people cannot be apart of this scheme as beneficiar people has been begun in the Northern Provin introduction of this scheme the policy of buildi landless people has been implemented. It is signific been taken into account.
The circular No 2013/01 issued by the provided the solution for the above mentioned pr who have problems with regard to their land becau people, those who have lost their documents ar aggressed by others - all these people can apply f this purpose Annexure I is being issued by the Div
All those who have land problem can fill i D.S or an officer authorized to accept these applic
The applicant will beheard by the D.S on afixedd:
-O -(-29

area had been plotted and allocated to some stem. These vast extent of plots were very ough the land officers had told these families ter aparticular period of time but this did not nents now for the plots of land they have been »das landless people. Those people displaced ing in refugee camps for over 23 years they dito) within the High Security Zones. So they ata of the landless people registration people :ntified. After the war the landless people's ferent aspects and questions.
a district in 1990 were settled in areas Such as ley are gradually getting resettled particularly pulation has increased over 30 years they face
S.
s the Government has to formulate a policy st their lands in the North.
bple should be obtained and the land rights i. The details of the facts that they had been emes are introduced without obtaining these ms and conflicts to crop up among the people. lies are forgoing forward with several projects 'd people. Among these are housing Schemes truct houses under their housing projects they y the house owner. And therefore the landless tes. A 50,000 housing project for the displaced ce by the Indian Government. Though the g houses in the state land for the displaced ant that the problem of the landless people has
new Government Land Commissioner has blems. It was issued in January 2013. Those se the Army had grabbed their land or landless l other whose land has been encroached or r redress. An application form specifically for sional Secretary.
these application form and hand it over to the tions and obtain a receipt in Annexure 4 form. e.
O


Page 36
Under the Indian Housing Scheme, thi the scheme are granted to the people under ann on the widows, disabled and war victims. Astl the D.S Division Levels and village levels, the
In a Legal Camp conducted by the Cen area for the resettled people a widow and a wa in the Selection of beneficiaries under the Indi has been removed in the amended list.
Under the Indian Housing Scheme, t houses, was an alternative location for those wh and where camps reerected. This could be an in own lands are occupied by the army it is doub finding an alternative location for siting their been made, have the land owners been paid Providing an alternate location in the responsibi
It is feared that 50 Houses built under the
Most of the 50 houses build and handed ove months are in a dangerously bad condition, and in a risky condition that the people cann authorities are indifferent and the contractor the /4 acre plot given to the people.
Giving an alternative land will not beth Some houses given under the Indian Housing were substandard and their walls are getting cra.
It is discernible that some progressive landless people. The temporary hoses construc immediate relief have now become unsuitable these temporary houses have now got decompo, after the end of the war. Several families have o Therefore as the first step the government shou families displaced war with permanent houses them to reconstruct the means for their liveliho the war ravaged areas it is necessary for them appointed by the President. Without the pern execute many of their projects.
40

state land in each of the D.S division chosen for
|al permit systems. This scheme focuses specially e selection of the beneficiaries has taken place at imits or criteria for this selection is unclear.
refor Women and Development in the Kadduvan rvictim complained that her name topped the list an Housing Scheme but she found that her name
he location chosen for the construction of the Ose own lands have come under army occupation mediate relief for the beneficiary. But when their tful whether their consent has been obtained for houses. When these alternative arrangement has compensation is question that has now arisen. lity of the Sri Lankan Government.
: Indian Housing scheme may collapse.
r under the Indian Housing scheme before 3 with their walls collapsed, the floor cracked ot live in it. The beneficiaries accuse that the S are irresponsible. These houses are built in
13, Oct 2012, Thinakkural
e responsibility of a third party. The occupants of Scheme in Arialai complained that those houses cked.
measures are taken with regard to the displaced ted by the NGOS for the displaced people as for for the people to dwelling because the roofs of sed and rotten over the 3 years that have rolled on nce again found shelter under the shades of trees. ld take up the full responsibility of providing the in their ownlands so as to create the facilities for
d. For the NGOS to implement their projects in.
to have got the permission from the committee ission the NGOS are unable to implement or
O)


Page 37
Furthermore, when resettlement was on af the lands had not been properly documented
The government is obliged to imple recommended in the LLRC report. So it is in a h resettle the people in places other them their own, the Manic Farm Camp were ousted and taken to where there weren't any facilities, or arrangement without any plan will never lead to reconciliation o a durable solution or proper resettlement.
3.3 Unlawful Non formal Land rights
In the 1960s Youth Colonization Schemes Province under the Muththaiyankaddu tank and Ira reservoirs. Land was given to families in Paranth: Thus large number of families of the cultivator's w region become a vast land for Agricultural produc years of Liberation Tigers control over the Vannire to the lands. Land was distributed to many peopl situation has created many problems with regardt The state land and private lands which had been ur come under the Army control. The private land Though the Government had stated that the arm places it is not evident that they are doing so.
Here and there Army camps are put up in pl. left or been displaced and this is seen as a threat concerning the problem of repossessing the lands the people face many difficulties in getting their difficulties.
During the field survey it was difficult to ge the Army Camps are constructed. The Divisional giving as such information. In the Valikamam divi: the D.S division that include Thellipalai, Sanganai Security Zone created for the Palaly Army Base. divisions had been living in various 14 refugee can
Mavai Senathirajah M.P of the Tamil Na Supreme Court that ejection of the people from Though a Supreme Court verdict was infavor ofth was done very slowly. In December 2010 people division people were allowed settling down in the
-O (-81

'r the end of the war the information regarding
ment the national reconciliation process ste to close the refugee camps and trying to laces. On 21, September 2012 the families in a jungle area near Kepapulavu and left there for them to Survive. Resettlement thus done. enduring peace among the people. This is not
vere begun in the Vanni region in the Northern i
naimadu Tank beds in the land adjoining these un area under a permit System for agriculture. resettled in these areas and thereby the Vanni tion. With the onset of war and during the 30 gion several changes had occurred with regard 2 by them without any legal documents. This
O land ownership now, in the post war period. der the control of Liberation Tigers have now i
owners are unable to repossess their lands. y would be gradually withdrawn from these
aces where battles were Tought and people had to resettlement. In the administrative matters there is interference of the army and therefore lands back, especially the women face more
tdetails such as the extent of the land in which Land Officers or authorities were not keen in ion, however, including 43 G.N division and
Sandylipay and Uduvil form the largest High
The people evicted and displaced from their ps for 23 years leading a very poor life.
ional Alliance had submitted a petition in the
their land by the Government was unlawful. 2 people the process resettlement of the people
of 3 G.N divisions and in May 2011.9 G.N
ir areas. In 2012, resettlement was allowed in
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Page 38
Thellipalai, Kadduvan and Kurumpasiddy : areas of the Jaffna Peninsula, particularly Ma Vadamaradchy East were removed since Ma
The navy Base in Karainagar had bec the Government had paid a compensation of the military operation in 1991 an Army Can that area were evicted. Though effects were been not removed.
When the war came to an end (in May sides of the road were widened and many mili closer to the Kilinochchi to the army campsal using the houses of the general public as the Subhas Hotel have been handed over to the Liberation Tigers had their graveyard for their m camp after obtaining permission from the Co. appealed to the government to reduce the pres parliament. The LLRC report has also recommenc
The reason for the nonreduction of army Lliberation Tigers should not again be a threat tot land ownership is a big problem, the Governmen relief to the landless and enable the people who ar they could reconstruct their means of livelihood.
The last plase of the war was fought is the and Puthukkudiyiruppu. The army has laid man resettle there. Besides that, the army has the contre Government Administrative Officers. For examp. the Defense Secretary Gotabaya Rajapaksha rep however, the refugees of Manic Farm were taken Without providing any facilities. When state lanc Camps grabbing the lands of the people for the pur.
A displaced far
/ V
 

ceas. Similarly, the High Security Zones in certain niyanthoddam, Ariyalai, Mirusuvil, Karainagarand 2011.
n there before the war erupted. For setting this base 57 million rupees for 57 land owners. But following p was erected in Mandaitivu and 35 families from lade to regain their lands the Army Camp has So far
2009) the A9 Road was opened for transport. Both lary activities were carried out. Along the high Ways ld canteens run by the army can be seen. The Army is ir quarters and offices. Gnanam Guest House and owners in 2012. In Kopay 52 acres of land where the rtyrs have been taken over by the army for setting their ordinating Development Committee. The TNA Has 2nce of army in the north during their debates in the led the reduction of army in the north.
in the Horth pointed out by the Government is that the he National Security. In the postwar scenario, though t should put forward a land policy properly and render 'e allowed to resettle to regain their lands easily so that
Vanni region, and the epicenter was around Mullivaikal y obstacles for the people of this area to go back and lof land use apart from the control of the land are by the e when the Manic Farm camp was closed (insep.2012) orted that there were on more refugees in the country, to a jungle area away from Kepapulavu and left there | is available as alternative sites for putting up Army
pose would aggravate the problems.
lily in Kepapulavu.
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Page 39
From One Refugee camp again to another
Manic Farm Refugee camp opened for because of the War was closed after 4 years on families were told that they were to be taken back been made to stay in places other than their own. Pe been once again taken to ajungle area in Seeniamot
The Sunday Times 30.sep. 2012.p. p 10
110 Families were told they would be settl jungle area of Seeniamotai. The army has not onl duties, cultivation, dairy farming, vegetable vendir and running canteens and for their economic activit
Valampuri 15.10.2012
The army has put up a camp overnight in a
the Thirunelveli Dairy Farm, which belongs to the D.S. Division has lodged a complaint against this a was on his way home after lodging a complaint : attacked with iron bars at Kokkuvil Adiyapatham wearing black helmets. They have also snatched the
Verakesary 14.10.2012
In the resettled areas, the convenient place
them and this has become a big problem in the construction of infrastructure is intensively carried and executed. People are resettled. The people whi army for themselves have been forcibly settled in ot
When the war comes to an end, destroying Tigers was the most important task of the arm Is had also established their administrative structu They had the houses and lands of the people wi monuments of Martyrs Grave Yards in Kopay an structures such as the law courts, the police stations Kilinochchi as the centre in massive buildings bee Governments' Administrative Offices have been left for other countries, which were under the con plots (bare lands.). unclaimed in the Vanni regio Vanni region and their poking into the civil admir among the resettled people.
G83.

le people displaced from the Vanni region 5, September 2012 and 1185 people of 361 Otheir own places: They, however have now ple who were taken to Kepapulavu have now iand forced to stay there.
d in Kepapulavu but they are now left in the put up camps but they also engage in civil g, fish mongering is in the Nallur DS Division es they are using the people's land.
5 larcham land. They have grabbed in front of nallur D.S. Division. The officer of the Nallur t the Kopay Police station. When that officer at the Kopay Police (on 14.10.2012) he was road by two men who came on a motorbike land documents he had taken with them.
as needed for the army are being grabbed by Northern Province. In War Stricken areas the out Many plans have been formulated for this ) lived in areas that have been grabbed by the her areas in the name of resettlement.
the administrative structure of the Liberation 7. The Liberation Tigers of Tamil Eeelam 'e in the (private) houses of the general public. o had gone abroad under their control. The d Chatte were destroyed. The administrative and other places the Lliberation Tigers had in erased to the ground. In these places now the built. The houses and lands of those who had Col of Tigers now, remain unidentified vacant . The non reduction of army presence in the stration have caused great confusion and fear


Page 40
Chapt
4.1 The Role of the Centre for Wome of women's land related problem
The survey carried out by the Centre for women confront many obstacles in regainigt documents, border disputes when the resettlem
We are able to observe that the familieshes gone several changes. Women's personality, quality awareness of legal procedures, mana reports, project reports, conductis meetings information on political and electoral matters. changes noticeable among women. In addition prominent politicians, the high officials in the take partin decision taking committees all by th
Furthermore, they are meeting the Human meeting the high officials regarding their land all by themselves.
Most of the women operate as a group in or resettled in their own places after they have women are able to enjoy the rights they have ov now all land related matters are based on th difficulties. When it comes to claim and pos husband's death certificate, her husbands rela problems have to be resolved by her.
For Women to strengthen their claim decision makers they need to have been educa Development has conducted Seminars to expla levels during the field study. This has to be do can be improved. The centre for women and Cal SC.
Many NGOS have conducted discuss period to empower the women. "Yugashakthi'i region has formed women's committees and ho to find a means of livelihood.
-O
C

er Four
n and Development in the resolution
S
women and Development has revealed that the heir properties because they haven't got their land ent process is on in the postwar period.
ded by women in the postwar situation have under
their development progress in their leadership ging rural level organizations, preparing auditing , getting to know the governing system, their increasing political representations are welcome to these changes they have now begun to meet the ir division to discuss about their problems and to emselves.
Rights Commission, meeting the Army Officers, problems. They engage themselves in such affairs
"der to face the challenges they meet when they are been displaced several times earlier. Whether the er their lands is not confirmed by this survey. Even e decisions taken by men. A widow has several sses her husbands land or house. Obtaining her tions shares in the said property and other such
s over their lands and to fortify themselves as ited on legal matters. The Centre for women and in and educate the women on such line at regional he continually and there by the post war situation Develompment inregaining their properties be
ons in the War ravaged regions in the post War Sa organization that functions focusing the Vanni lds women empowering Seminars and helps them
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Page 41
Chapte
5.1 Conclusion of the Study and Explar
In the post war scenario no vast change: knowledge about that land rights. They have only In the Northern Province according to the Thesav is mostly evident. In societies where men are shouldering responsibilities and making suggest very much limited. When women heading fa disappearances after the war have to face many co when they work accepting social leadership. It i clear idea aboutland possession and inherited pro
Legal action is of paramount importance especially Womenare in the dark about the legala this it is noticeable that their knowledge about the
They do not have any clear idea about stal They have difficulties in getting to know about the
From the results of the survey we can come to thef d Though the Thesavalamai law is prevalent in
about their rights overthese lands. d) The women are not interested in knowing the
aforemost place. 8 Women who have lost their husbands or the
challenges. d) As the army has setup their camps in the wom in their own places (In the postwar period) 8. The places where they are resettled are insec out the following recommendations should problems faced by the women in the Northern () Giving clear explanations aboutland rights. 8 Getting the assistance of legal experts. d Eliminating the hardships the women not su
physically and psychologically. 8 Ensuring the security against sexual abuse families and shoulder the burden of running th b Giving adequate explanation about the Th
provide the awareness needed. & For the families that haven't got any land oft included as beneficiaries in the housing Scher d) The actions taken by the government should b
-O -G-8

e
r FWe
ations can be noticed with regard to women's Prior a limited knowledge with regard to their rights. lamai law the role of men in land right matters iven a foremost place the aspects of women ons or even listening to their suggestions are milies after the death of their husbands, or implicated problems. They also face difficulties also revealed in the survey that they have no perties.
in the matters related to land rights. The people :tions that could be instituted. In a situation like
and rights they are entitled to?
elands, temple lands and permit lands as well. irrights over these lands.
ollowing conclusions.
the Northern Province the women know little
legal actions in a society where men are given
male head of the family in the war face many
en's Land they are unable to get resettled so far
ure for them. On the base of the survey carried be taken into consideration to resolve the province with regard to their land rights.
sfer once again, when they are already affected.
of the war destitute women who head their eir families. Savalamai law in a very simple language to
Leir own ,doing the needful to see that they are
CS. a simplified.
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Page 42
5.2 The Presidential Task Force
After the war, i.e. after May 2009, the important policy formulating body. 19 mem President. The Economic Development Mi committee. This Committee is to forge ahead Such activities in the Northern Province. Bt economic projects in the Northern Province.
It is important to note that approval is the resettlement, housing facilities, drinking livelihood. There are instances where appro NGOS on the basis of the economic planningr Because of such refusals many International implement their plans for the affected people.
It is of significance that before the war of social services far, have now been brought
5.3 New Land Policy of the Governn
The Government is adopting a new po up after the end of the war in the Northern a Provincial Council has not yet been formed a elections have not yet been held have led to th land problems. Retired Major General G.A. Northern province. He functions as the agent the decisions taken regarding the land issues.
He enjoys greater powers with regards Development Minister and the Land Commiss by the Land Commissioner General makes it c be implemented at the Divisional Secretary's Level and the land disputes of those who got d these two institutions.
The Mahaweli Authority that functions the SriLankan Land Development that is linke the Mahaweli Authority L project irrigation de the 1979 Act Section 23 of the Mahaweli Auth to create new structures with regard to develo opportunity for the land development, owner othersuchthingsto bebroughtunderthe contr an extent of 163393 hectares. Padaviya and includes Anuradhapura, Mullaitivu, Trincom
(

Presidential Task force has been constituted as an ers of this committee are being appointed by the hister Basil Rajapaksha is the Chairman of this 'esettlement and the formulation of plans and other side that this body gives approval for the NGOs
iven by it for only the projects that give priority for water, health facilities and the peoples means of sal was refused for the projects submitted by the olicies of this Presidential Task Force.
NGOS and local NGOS are not in a position to
erupted, the NGOS which were under the Ministry under the Ministry of Defense.
ent
licy regarding the land problems that have cropped ind Eastern Provinces. The fact that the Northern und the fact that the Northern Provincial Councils e interference of many authorities in resolving the Chandrasiri is appointed as the Governor for the of the Central Government. He plays a vital role in
to the lands than the powers of the Land, and Land ioner General. The new circular no 2013/04issued lear that the land and resettlementactivities should level and at the Provincial Land Commissioner's isplaced due to racial riots should be resolved by
under the Central Government plays a vital role in d to the Irrigation Development. It is according to velopmentis carried out in the North. According to rity the Minister concerned is vested with powers ment and irrigation facilities. It has provided the ship, control and land acquisition, settlement and }l ofanauthority. Mahaweli drainage project Lhas Velioya projects come under project L. It further lee and Vavunya administrative districts. These
36- O


Page 43
districts were given to the Mahaweli Authority by 1988 and declared as special areas. As there isn't al. control over these special areas the Provincial Lan asto whenthis responsibility wouldbe snatched fra
During the 30 years of war and after the enc there in the Northern Province in various matters, ( places and they are stationed in the resettled are: people.
It is pointed out that such army interferenc Women and had led to many sexual abuse. Though the reduction of the armed forces the government National Security of the country. But the governn National Security is seen as a threat to the security C
Accumulation of Army in
In the North under the Jaffna Head Quarters are the 57", 65" and the 66" Divisions are stationed. Unde 68" Divisions. In Vannithere are the 22 ", 23' a Jaffna. Apara military, the 63 " Divisionis also sta North and the East. The special Task Force 53 "an In the 35% of the land area of the country in the No
South in 65% of the land area, there are only
When the Vanni region was under the cont was in their hands and they managed everything as
They took over the lands and houses ofth left for other countries and they made use of ther lands were plotted and given to the families of the has come to an end the land owners and house ow lands. As the army has taken over these houses a Government has plans to take over the private lan situation with regard to the land rights and poss posses their document that are necessary for reset people who got displaced in stages could not ke along with their belongings. Now they have lostt their ownership that is reported in the administrati Several documents have gone missing or got des their claims are questioned by the administrativ
-O -37

e Land Commissioners Department in March office to implement the Central Governments Commission does that job. But it is unknown m him. - -
of the war the influence of the Army had been amps setup by the army can be seen in several s and also in the dwelling compounds of the
} has created much fear, especially among the he politicians have been raising their voice for says that they would not do so in view of the lent doesn't seem to consider the fact that the fthe people.
the North and East
51 52" and 53' Divisions. In Kilinochchi the Mullaitivu command are the 59", 64" and nd the Task Force 3 recently transferred from tioned there. Thus there are 16 Divisions in the d58" Divisions are also stationed in the North. rth and East there are 19 Divisions. In the 11th, 12", 14" (3) Divisions exist.
Current Affairs VirakeSari — 30.2.2012
rol of the Liberation Tigers the control of land they pleased.
)se owners in the Northern Province who had for their purposes. And the State and private r carders undera permit system. When the war hers face many problems in repossessing their nd lands they claim these lands as theirs. The is in this connection. It has created a complex ission of private land owners. People should lement but during the last phase of the war the p safely the documents they could take away eir documents and they are unable to establish e offices, particularly in Mullaitivu secretariat royed. And therefore the land ownership and
officers in many ways. The officers and the
} KO


Page 44
general public are found to have inadequate No.2013/04 issued by the land commissioner complicated problems with regard to the resol the east such as border disputes, document loss and the land loss owing to development project
The land development ministry has beg in the Kilinochchi district. In the Kilinochchi have been recorded with regard to land probler and other document they are unable to proofth complaints that their own lands have been give time.
Whether the new policy formulated reg still doubtful. The devolution of powers to amendment for land rights and control over the people are staging agitation in order to establis)
local conflicts. -
5.4 Conclusion and Recommendation Getting back the lands is a basic need rebuild the means of livelihood of the people i. land of its own is not included as beneficiaries i those who have their own lands when they sele Those who cannot prove their ownership of t should be noted that in order to solve this probl were allotted to the beneficiaries.
However, the survey carried out by the discussions we had among the people severalp the army is stationed in many private lands, buil It is important that the Government should co. democratic manner. A government land policy identified Problems and the means of resoluti regaining their own lands should not be mili Solved within the civil administrative Stru politicians, disrupt the government administrat and at the Provincial Land Commissioners lev carry out their duties justify are either transfer these should stop. -

(nowledge about the laws under the new circular So the public administration itself feces several ution of the chronic land disputes in the north and , loss of land, land grab or acquisition by the army,
S.
guna plan to give back the lands to the land owners
secretariat D.S.divison itself 40,000 complaints ns. As the people have lost their permits and deeds air claims. Furthermore the people have also made 'n to others by the liberation Tigers during the war
Valampuri 15.10.2012
garding the lands would resolve these problems is the Northern Provincial council under the 13" m has not yet been implemented. The fact that the
h their land rights over alongtime has led to many
S
for the development, resettlement and in order to in the post war situation. A family that hasn't got a in the housing schemes. Many NGOs include only :ct the beneficiaries for their horticulture Scheme. heir lands are left out of the housing schemes. It em under the Indian thousing Scheme state lands
2 Centre for Women and Development and the roblems could be identified. It is now known that dings of certain institutions and in privatehouses. me forward to solve the problems identified in a should be formulated and implemented with the on incorporated in it. The people possessing or tarized by activities. Their problems should be cture. Politicians, especially the ruling party ive structure by their interference at the D.S. level el. The Officers who refuse to listen to them and red or forced to act unjustly and dishonestly. All
38-)


Page 45
The following recommendations are pu
10.
1.
of this su
A Land Commission be set up to clearly a Province.
The customs in the Thesavalanai law that In the Government Land Registry the lanc When resettlement is done a clear assessm When land is allotted to landless people p.
WOՈՈՇՈ, In the land and housing schemes more fan points system. The security of women needs to be ensured w Providing drinking water facilities and health easy for women. In areas where the people are displaced encro who are not entitled to the land be avoided. Setting up of Army Camps in residential areas
The recommendation of the LLRC be implem

tforward on the basis of the results
ᎨᏉᏙᎾe
nalyses the land problems in the Northern
affect the interest of the women be reviewed. s need to be properly registered.
ent be made. iority should be given to families headed by
lilies headed by women be included on a
hen resettlement is done. services along with the allotted Land be made
achment of private land and resettlement of those
need to be avoided.
ented speedily.
t


Page 46
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
Refe
Irin news 09.09.2010 Centre for Women
family responsibilities” Women's Rights togettheirland CPA Se
UNSC reSolution 1325 2000
LC 155 Paper
Seminar Conducted by Core 2010 Vavun
Interview Yugashakthi Women's Group,
Interview by Centre for Women and De
July
Interview, GBV Desk, 2012General Hos
Field Research Centre for Women and D.
Interview Bar Association Jaffna, Aug20
Interview women's group, Oddusuddan,
Interview With Sharmila, Muslim Wome
Interview with Sulfian, Jaffna M.C Memb
Postwar Situation of land and Governmen
Video Presentation NGOS activities, GA,
Interview CWD, Ariyalai Women's Group
Legal Aid Clinic CWD, Aug 2011 Land Rights of womeninthe Northern Pro
Indian Housing Scheme CWD, Ariyalaifi
PTFApproval 2011
Paper News Virakesari Keppapulavu Mer
Research reports on Land Developmentin
Interview with ex-combatants family, Mul
Interview with D.S office, Resettled office
Interview with D.S officers at Karainagar,
Interview with Displaced families at Puthu
Interview with people of Oddusuddan.Aug 13"Amendment to the constitution
Paper news Veerakesari, Sep 2012 13"Amendment land issues
PTF Circular 2010

rences
and Development “Women in the north bear the
st 2005
s
ya
Mankulam
velopment - Kadduvan Resettled Women, 2012
pital Jaffna
evelopment, 2012
12
2012
n Action Group
ber, Aug 2012
t Policy Bhavany Fonseka, CPA, Oct 2011
Jaffna, 2011
o, Tellipalai displaced women's group
vince Bhavany Fonseka, 2011 Page 11
eld visit, 2012
nik farm
the Northern Province Prof. R. Sivachandran
laitivu.2011
rs at Tellipalai, Aug 2012
2012
kkudiyiruppu, Aug 20
2012
1o
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Page 47
(ದಿ) ಝೀ೧ ಬಳಿಕಿರಿ
අති විශේ
The Gazette of the Democratic Sc
EXTRAORD
අංක 1596/12 – 2009 අපේල් 07 වැ No. 1596/12-TUESDAY.
(Published by A.
PARTI : SECTION (
Government N
LAND ACQUISITION AC
REGULATIONS imposed by the Minister of Land and Land Dev Act, No. 09 of 1950 and approved by the Parliament of Sri Lankao
These regulations are effective for the acquisition where in Act, on or after 17.03.2009.
Colombo, 06th April, 2009.
Regulatio
These regulations may be cited as the Land Acquisition
The basis of assessing the market value of any land by the acquisition of any land under this Act.
(1) Market Value should be assessed as given under:
1.1. In the case of land where part of a land is a realize a value proportionately lower than should be proportionate to the value of then
1.2 Where at the date of intension to acquire
or business purposes or is intended to b difference between the cost of re-construct of Market Value under Section 1.1, should be

ರಣರಂಟಿ ಇಂದಿರಿ ಆಡ್ತಿದೆ ialist Republic of SriLanka *
NARY
5 අගහරුවාදා - 2009.04.07 APRIL 07, 2009
hority)
()- GENERAL
tifications
I, No. 09 OF 1950
2lopment under Section 63(2)(f) of the Land Acquisition
17th March, 2009.
tention of acquisition is published under Land Acquisition
JAYALATH R. W. DISSANAYAKE, Secretary Ministry of Land and Land Development.
S
Regulations, 2008.
ir the compensation for any injurious affection caused
quired and when its value as a separate entity deems to the Market Value of the main land the compensation ain land.
as published, the building is used for occupation and used for occupation and or business purposes, the on and the value of building, based for determination aid as an additional compensation.


Page 48
1 කොටස : (1) ජෙදය - ශ්‍රී ලංකා පුජාතාන්ත්‍රික සම PART 1 : SEC. (I) - GAZETTE EXTRAORDINARY OF THE D
1.3 Value based on development poter permission to fill such lands have been
14 When an acquired building is occupi of the Rent Act, No. 7 of 1972 (as a proportion having regard to the provisi
(2) Injurious affection and Severance
Damage caused by any severance and injurious a
(3) Payment of Disturbances and Other Expenses.
To fulfill the requirement of the definition Section 1 and 2 above, which are based on the “m: “value to owner” basis should be paid under following S made.
3.1 Expenses incurred for appearing for Se
3.2 Expenses for finding alternative accom 33 Cost incurred in change of residence;
3.4 Cost of advertising; -
3.5 Refixing cost offixtures and fittings; 3.6 Expenses incurred for transport
3.7 Loss of earnings from business (within
3.8 Increased overhead expenses;
3.9 Double payments;
3.10 All other expenses to the owner due to
3.11 Any other additional expenses for d Sub-section of this Act which is directl
3.12. When an owner of a house or of an inv
market value.
04-548
PRENTED AT THE DËPARTMENT C)

ඖජවාදී ජනරජයේ අති විශේෂ ගැසට් පත්‍රය - 2009.04.07 EMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA- 07.04.2009
tial could be considered for paddy lands acquired where granted by the Agrarian Services Commissioner General.
:d by a tenant /statutory tenant protected under the provisions mended thereafter) the compensation should be ascertained in ons of Rent (Amendment) Act, No. 26 of 2006.
ffection should be allowed fully.
of compensation, in addition to the compensation under arket value”, compensation for Disturbance based on the sub-headings, after taking into consideration the written claims
ction 9 inquiry;
modation ;
the limits given in prevailing Act);
the acquisition;
isturbance or compensation not connected under any other y not connected to market value of the land;
vestment property displaced, additional 10% payment based on
F GOVERNMENT PRINTING, SRI LANKA.


Page 49
ඉඩම් කොමසාරිස් ජනර காணி ஆணையாளர் நா LAND COMMASSIONER GE
ඉඩම් මහලේක.
නො: 1200ff6, රජමල්ව இல; 12008, ரஜமல்வ: No: 200/6, Raiamalwa
මගේ අංකය ඕබේ. අංකය ” எனது இல 3/4/1/LLRC ఒఓన్లి శిషు äMAY NO YOUR NO
Circular Number: 2013 f 0.
All Divisional Secretaries in the Northern and East
Accelerated Programme on Solving P. Norther and Ea
i. introduction
After end of the conflict in the Northern identified as an issue to be solved urgently in ordt Accordingly, the special officia's committee appc Lessons Learnt and Reconciliation Commission 1 implement a special programme by this departmer and Land Development) in order to solve the stal implement the policy decision taken by the Ca Memorandum No. 1 1/0737/533/015 and dated activities in the Northern and Eastern Provinces' st Development and the above recommendations, thi to be urgently implemented in the years 2013 an
relevant to those areas.
This programme should be implemente coordination with this department by using th Secretaries of the relevant provinces, staff and guidelines of this circular should be followed acci implementing this programme. In order to review
the activities the assistance of the District. Secretar
Generaš Estabiishi Etherito Åeccotts
జnరీనీయుడనీ }^425) బిజ్జాక్షతి பொது 01:12797400 நிர்வாகம் 142878982 கணக்கு
 

කාල් දෙපාර්තමේන්තුව கத்தின் திணைக்களம் NERAL's DEPARTMENT ...
0-2864 US මී කාර්යාලය, àx හීත පාර, බත්තරමුල්ල.
T. ర@ఠిg 轟 路 வீதி, Liggsy (p636). FF-ChinuʻihasÄ$>- lande0 Er:{äièi:4ʼndcorantAndept.gov. tk E-mail
ta Road, Battara muila.
දිනය திகதி 2013.01.
ATS.
črn. Provinces,
st Conflict State Lands Issues in the terra Provinces
and Eastern provinces, land issues have been ir to uplift the lives of the people in those areas. inted to implement the recommendations of the eport has recommend the need to develop and it (under the supervision of the Ministry of Land se land issues urgently. Considering the need to binet on 04.05.2011 according to the Cabinet 27.03.2011 on "Regularising land management bmitted by the Hon. Minister of Land and Land is circular has introduced the guidelines that has
d 2014 with regard to solving state land issues
i with high priority and maintaining a good e Provincial Land Commissioners, Divisional the resources in a productive manner and the ording to the existing laws and regulations when the progress of the programme and to supervise
tes of those provinces will be required.
ඉඩම් සංවර්ධන }112863176 காணி 01:2888197 அபிவிருத்தி x8112878966
Iandi Development


Page 50
2. Programme to be implemented
The programme implemented will be imple
1. Identifying problems
2. Solving problems
2.1. Identifying Problems
2.1.1
2.1.2.
2.1.4
An opportunity should be given to the
provinces, people who have abandone and for those people who are expectin state lands, to present their problems. public awareness on this matter. This
and the divisional Secretaries should giv
The format on Annex I should be used
i. Presenting information
lands.
ii. Presenting other problen Divisional Secretaries should take act
problems of the people to the releva
Divisional Secretaries should have a various ways. The Divisional Secretar
problem solving programme.
Documentation of information on probl Records of the problems that have alre documented in two CR books separa mentioned in 2.1.2. Use annex II & III
Note down the relevant problems in th registration number to acknowledge ti issue it through an authorised officer
number as the reference number for t
OWei.
The problem registered under relevant
programmes on solving problems in or
G

mented in two main programmes.
people who are residing in the Northern and Eastern i the area who have resettled after being displaced
g to settle again and who have problems related to
Wider publicity should be given in order to raise
department will give publicity at the national level
te publicity at the divisional level.
to present problems. This format has two parts.
about the landless people or people who have lost
is people experience with reference to state lands.
ion to raise public awareness about presenting the
int Divisional Secretary through this format. The
lready come across similar problems like this in
ies have no barrier to use this information for this
ems and directing for solutions :-
ady been presented and will be presented should be ately according to the categorization of problems formats for this purpose.
le reports and prepare a receipt with the sequential he problem according to format Annexure IV and
in the divisional secretariat. Use the registration
he problem until the problem solving activities are
categories should be directed towards the two sub
der.
144


Page 51
2.2 Problem Solving Programme Problem solving should be conducted under the belos
i. Distribution of lands to landless people or to
ii. Solving various problems people experience
2.2.1 Distribution of lands to landless people or Land distribution can be separated into two parts as, i. Distribution of lands to landless people.
ii. Distribution of lands to people who have lost
2.2.1.1 Distribution of lands to landless peopl The cabinet has taken a policy decision not to al land problems of the affected people in the confli But there is no barrier to alienate lands for govern Information provided by the landless people in divisions should be collected and distribution of l. 2.2.1.2 Distribution of lands to people who ha
Situations where people have lost lan
such people are lost due to reasons like, using institutions and armed forces or because other pe At instances, where those lands cannot be practic identify suitable lands from those areas itself consent. If alternative lands are given for priva grants, these alternative lands should be given carried during the acquisition process of those la lands after residing in encroached State lands in lands, they should also be considered when alterr
These lands must be alienated only b by my circular no: 2008/4 dated 20.08.2008 information gathered under this circular can alsc
landless people and registering them, as per the i
-G歪

mentioned two sub programmes. le people who have lost lands.
ith regard to state lands.
the people who have lost lands :-
ands,
enate new lands to landless people until the ct affected Divisional Secretariats are solved. ment approved development projects.
the conflict affected divisional secretaries ands to those people should be postponed.
ve fost lands - ds after the conflict, due to being vacated or period have been identified, Lands belong to for development activities under government ople have permanently settled on those lands. 'ally claimed again, action should be taken to and to provide alternative lands upon their te lands or for lands distributed under State according to the compensation assessment nds. If people have lost their encroached state he relevant areas and they are qualified to get ative lands are given. y holding land kachcheris. Instructions given should be followed for this purpose. But be used instead of the process of identifying
structions of that circular.
t


Page 52
Divisional Secretaries should be
distributed are not lands under any person's le Before alienation of lands the Div
the land kachcheri proposal to the authorised
With reference to the unit of la
2008/4, instructions of other circulars releva
Land Commissioners and relevant land orders
2.2.2 Solving various problems people experi
2.2.2.1 Divisional Secretaries should tal
problems identified at the Grama Niladhari i gathered from the problem identification form 2.2.2.2 Holding Division Day Programme
Division Day Programmes shoul
problems at the Grama Niladhari Divisional li
as appropriately The Divisional Secretary :
addition to that the Assistant Divisional Sec. Officer, Public Management Assistant(Land) this. Trainee Graduates/Programme Officers assistance for these activities also can partic
officers at the Provincial Land Administrat General's Department can also be sought wi departments such as, Department of Surveys, Forest Conservation can take part in this acco
Office information relevant for p relevant other parties should be called upon f be taken in solving those problems.
Divisional Secretaries should c
problems and should give solutions after
Whenever an approval is needed from the Pri
be immediately forwarded for approval.
As the next step, problems which
solutions should be forwarded to the Mobile S

satisfied on the fact that the selected lands to be
gal ownership.
isional Secretaries should take actions to forward
officer for approval.
ind distribution and other information, circular
nt to land distribution, instructions of Provincial
should be referred.
ence with regard to state lands :-
ce action to implement a programme to solve
Divisions according to the record of information at.
S
d be organised to solve identified, categorised evel or as one programme for several divisions or should participate at that Division Day and in retary, Land Officer, Colonization Officer, Field , Grama Niladhari Officer can also participate in attached to the Divisional Secretariats to give :ipate in this. Furthermore, the assistance of the ion Department and at the Land Commissioner hen needed. Divisional level officers of relevant Department of Archaeology, and Department of rding to the needs. re identified problems should be collected and
or Division Days while expedite measures should
onduct field investigations relevant to these conducting the investigation when necessary.
ovincial Land Commissioner or myself, it should
the Divisional Secretaries are unable to provide
services Programme to be solved.


Page 53
3.4
3.6
Copies:
Vehicle facilities, fuel, financial prov to conduct Division Day, Mobile Serv provided additionally. Essential offic
this purpose is also expected to be pro
The Land Commissioner General's D in order to inquire the progress of this
Land Commissioners will also be sou
It is expected that the Registrar Get programme to provide solutions for p
grants.
will issue instructions from time to t in the implementation of the prog
Provincial Land Commissioners. .
s
1. Secretary to H.E. President
Secretary to the Hon. Prime Minister Secretary - Ministry of Defence and Urban D Secretary - Ministry of Public Administratio Secretary - Ministry of Land and Land Deve Register General Surveyor General
Commissioner Generał of Land Title Settiem Government Agents / District Secretary
Jaffna / Kinochchi / Mannar / Mulai
Trincoma lee / Baticaloa / Ampara
10, Provincial Land Commissioner
Northern Province / Eastern Provincé
11. Deputy Land Commissioners Assistant Land
Ampara / Trincomalee / Kantale
G4

ions for officers' travel expenses etc. needed :e and training programmes is expected to be equipments and stationary items needed for
ided.
partment will conduct follow up programmes programme. The assistance of the Provincial
ht for this purpose.
2ral's Department will implement a suitable
oblems relating to misplacement/destroyal of
me with regard to special problems emerging
amme, after considering the views of the
igned By: R.P.R. Rajapakshe,
Land Commissioner General.
For information
evelopment please
and Home Affairs
opment
emf:
viu / Vavuniya / For necessary action
please
Commissioner ノ


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