An Analysis of Legal Issues Regarding Nomination of Successor of Land Development (Amendment) Act No.16 of 1969 in Light of the Constitutional Right to Equality.

Abstract

Mahaweli Development Program had launched in 1970 and it was converted to Accelerated Mahaweli Development Program in 1978. It called as a multipurpose program which covered 1/5 of territory in Sri Lanka. Such enormous part of the territory in Sri Lanka is governed by the Land Development Ordinance No.19 of 1935 when nominate successors for lands. Those provisions regarding restrictions on the nomination of a successor was amended by Land Development (Amendment) Act No.16 of 1969. Though there were amendments to the provisions on the nomination of the successor, they contradict with the right to equality which is guaranteed Article 12 of the constitution of Democratic socialist Republic Sri Lanka. The research focused to Identify whether nomination of a successor in Mahaweli zone violate the right to equality which is guaranteed by Article 12 of the constitution of Sri Lanka plus found out the remedy for the legal issues which have arisen in Mahaweli zone when nominating a successor. The research has been used a combination of quantitative and qualitative research methods. Furthermore, to collect primary data it was conducted field survey based on questionnaires and interview with officials. Statutes, Acts, Case Laws, Articles, Books regarding Mahaweli development program, Land Development (Amendment) Act No 16 of 1969 and Websites were used as secondary data. As a summary of research finding, currently, Mahaweli zone has become enormous miserable zone. People in Mahaweli zone victims of the law as well as decreasing of lands. To avoid fragmentation of lands, Land Commission was introduced a law. Yet, the law which restriction on nomination of successor has created various types of discriminations are continually happening in the zone generation to generation violating fundamental rights as well as human right