Are They Set to Lose Out in Others’ Gains? An Analysis of Livelihood Security in Acquisition of Lands in Sri Lanka. 9 th International Research Conference of KDU

Abstract

Land acquisition in Sri Lanka takes place in a larger scale. Spending a post war era, many development projects are carried out both in urban and non-urban areas. Southern expressway, Hambantota harbour, Uma oya project and Norochcholai coal power project are among the main development projects which led to immense public discussions in the recent past. In acquiring private lands for such projects compensation is paid based on Land Acquisition Act (as amended) No. 9 of 1950 (LAA). However, the problem arises whether livelihood is considered in paying compensation to the affected people. Many of these acquired lands are agricultural lands inclusive of paddy lands and commercial crops with tea, rubber and cinnamon. In most of these cases the only skill the owners of these lands have is cultivating. Therefore when they are resettled in an alien place it directly affects their livelihood. On this basis, this research aims to identify whether any legislations or decided cases provide a threshold to consider livelihood in land acquisition for public purpose in Sri Lanka. Also this research aims to analyse the lessons Sri Lanka can gain from India in addressing the same issue and to propose recommendations with regard to consideration of livelihood in acquisition of private lands. This research is conducted mainly as a library based research. Statutes, decided cases and information gathered through relevant authorities have been used as primary sources and legal treatises, research journals and conference proceedings were used as secondary sources. The results reveal that livelihood is considered to a certain extent in paying compensation in Sri Lanka. However the sale or disposal of the produce of the land is omitted in paying compensation. In India Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides provisions for the consideration of livelihood in paying compensation. In light of the above, it could be proposed Sri Lanka should also put some weight to address livelihood in acquisition of lands.