amendments and legal reforms it will be more effective if administrative arrangements are
made.
The State must provide new settlement schemes where alternate land and housing are
given to those who are in unauthorised occupation of a land granted to another person. If
the land is developed by that unauthorised occupant, he may be given compensation in
addition to the alternate land and housing. But if the original grant holder is prepared to get
an alternate land the unauthorised occupation may be regularised. This alternate
lands/housing should be given as a grant and not on permit.
In relation to permit holders or grant holders who have not fulfilled the conditions or those
who have not succeeded the lands due to disturbed conditions, they should be allowed to
reoccupy the State land.
16) Landless IDPs or refugees
The issue of landlessness has no particular legal implication. It is a matter of policy for the
State. We note that the State has implemented several housing projects to address the issue
in areas outside the conflict-affected areas over the last couple of decades. We
recommend, therefore, that the state should allocate resources and implement housing
projects in the conflict-affected areas in the immediate future.
17) The control and maintenance of places of worship
Due to the displacement of trustees and managers, places of worship have been
maintained by people who have remained in the vicinity of the temple or by unauthorized
persons. With the return of the original trustees and managers, the control and maintenance
of the places of worship has become an issue. There are also disputes in relation to trust
properties (movable and immovable), pooja and festival rights.
The applicable laws are: Trust Ordinance; Muslim Mosque and Charitable Trust or “Wakf”
No.51 of 1956; and Buddhist Temporalities Ordinance No.19 of 1931.
Hindu temples in Sri Lanka are under the control and management of the persons in whom
the fabric is vested:
1.
2.
3.
4.
By right of private ownership;
By the grant or assignment of the owners of the land on which the temple is built;
By appointment by the congregation;
By deed of trust.
In Sri Lanka, certain customary laws are recognised and observed with respect to a trustee
or manager, not only in his capacity as such, but in his fiduciary relationship to the
congregation, and in matters affecting the temporalities of the temple and their proper
appropriation. In addition to the rights of the manager and the trustee of a Hindu temple,
the right to exercise the office of priest and the right of a worshipper are also recognised.
Under section 102, the Trust Ordinance provides the necessary mechanism to institute an
action in a court, by any five persons interested in any place of worship, religious
establishment or place of any religious resort, or, in the performance of the worship or
service, or in the trusts express or constructive, to obtain a decree specified under (a) to (j) of
that section.
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