Housing Commissioner Divests Badulla Property, Declaring It ‘Never Vested’ Since 1985

COLOMBO, Sri Lanka – August 23, 2026 – In an extraordinary gazette notification issued on Friday, August 21, 2026, the Commissioner for National Housing has ordered the divestment of a land parcel in Badulla, simultaneously declaring that the property, originally vested in 1985 under the Ceiling on Housing Property Law, was in fact “never vested” in the Commissioner’s office.

The gazette, numbered 2502/50, carries significant implications for land ownership and the interpretation of the Ceiling on Housing Property Law, No. 1 of 1973. The order, signed by Mr. Bertram Charles Justus Nesiah, Attorney-at-Law and current Commissioner for National Housing, reverses a decision made nearly four decades ago.

Background to the Vesting

The property in question, identified as Lot No. 1 of plan No.915 CH/OC/2671/3226, comprises six plots of land located at Badulla Rajaveediya (King’s Street). These plots, bearing Assessment Nos. 32A, 32B, 32/7, and 32/8, were previously amalgamated from earlier land divisions.

According to the gazette, this land was initially vested with the Commissioner for National Housing by Gazette Notification No. 358 dated July 12, 1985. This action was taken in terms of Section 20 of the Ceiling on Housing Property Law Act No. I of 1973, a pivotal piece of legislation governing housing property limits in Sri Lanka.

The Divestment Order and Key Declaration

The latest order, issued by Commissioner Bertram Charles Justus Nesiah, is made under the powers vested in him by Section 17 A (1) of the Ceiling on Housing Property Law, No. I of 1973, as amended. The divestment has received the written approval of the Hon. Minister of Housing, Construction and Water Supply.

Crucially, the Commissioner’s order goes beyond a mere divestment. Mr. Nesiah explicitly states: “I consider that the said block of land had never been vested in me.” This declaration suggests a re-evaluation of the original vesting process or the legal grounds upon which it was made, potentially correcting a historical administrative or legal anomaly.

Details of the Divested Property

The schedule attached to the gazette provides precise details of the divested land. It describes “ALL that allotment of land depicted as No. Lot 1 in Plan No. 915 CH/OC/2671/3226 dated 21.07.1983… located at Baddulla King’s Street in No. 78 – B Grama Niladari Division in Badulla Divisional Secretariat Division within the Municipal Council Limits of Badulla in District of Badulla, Uva Province.”

The property’s boundaries are clearly defined, with “The Residency” to the North, “Govt. Quarters” to the East, “Lots 2 & 6 of the aforesaid plan” to the South, and “Lot 2 of the aforesaid plan and Lower King’s Street” to the West. The land measures an extent of Zero Acres Zero Roods Nineteen Decimal Seven Five Perches (0-0-19.75 P) or 0.04996 Hectares, including all relevant buildings, plants, and fruits standing thereon.

The order, dated August 06, 2026, from the Ministry of Housing, Construction and Water Supply, signifies a significant administrative decision, underscoring the government’s ongoing efforts to ensure the accuracy and legality of land records under relevant legislation.

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