Land bill must be approved by Provincial Councils before inclusion in Order Paper: SC

• The Supreme Court decided that it would issue no further determinations on the Bill since the motion has already been printed in violation of Article 154

By Ashwin Hemmathagama – Our Lobby Correspondent

The Supreme Court has determined the State Lands (Special Provisions) Bill tabled in Parliament on 28 June should be included in the Order Paper only after the President has sought an opinion on the proposed law from the Provincial Councils.

Now that the motion has already been printed in the Order Paper, violating the provisions of Article 154, the Supreme Court has determined that it will refrain from issuing further determinations on the State Lands (Special Provisions) Bill.  Announcing the Supreme Court determination on the State Lands (Special Provisions) Bill, which was challenged in accordance with the provisions of Article 12 (1) of the Constitution, Deputy Speaker and Chair of Committees Ananda Kumarasiri said: “The State Lands (Special Provisions) Bill falls under the authority of the Provincial Councils and is read with Article 123 and falls under the provisions of Article 122 of the Constitution.” “The Supreme Court has determined that it will not become a law unless the President has sought an opinion from the Provincial Councils before including it in the Order Paper as per the provisions of Article 154 G (3). The Supreme Court has also determined that now that the State Lands (Special Provisions) Bill is included in the Order Paper regardless of the provisions of the Article 154, it will refrain from determining the other legalities,” he added.

The Government moved the State Land (Special Provisions) Bill in Parliament in June, seeking House approval to grant absolute title to State lands held by citizens who are holders of grants or instruments of disposition and to provide for matters connected.

The draft bill proposes to solidify land ownership for stability and transferability. 

Moving the motion, the Minister of Public Enterprise, Kandyan Heritage and Kandy Development and Leader of the House Lakshman Kiriella claimed: “There are many people settled in different parts of the country in State lands since the 1920s, making use of a permit issued to them. They lack deeds for their respective lands. So, they are unable to give it away as a gift to their children or obtain a bank loan, placing the land as collateral. The Bill will pave the way for them to get absolute power to all those lands. There are about 2.5 million people having this issue.”