Development and Management Issues in Connection with Co-Ownership of Land and Properties under die Viharagam and Dewalagam Ordinance No. 19 of 1931 Buddhist Temporalities, Sri Lanka; Case Study in Ratnapura District

Abstract

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The Viharagam and Devalagam Ordinance in Sri Lanka is a main legal system, which courses to arise many legal, economic and social problems for such properties since having Co-ownerships. In the ancient period of the country, this was not a big issue as the co-ownership concept was adopted to strengthen the relationships between families and individuals. With the advancement of society and legal enactment related to lands, people gradually tend to refuse enjoying lands with co-ownership instead of having lands as separate entities. Also most of such landed properties are underutilized and as a result of that contribution to the economy is at low. Besides, there is a big failure in management and development of temple and Devala properties though amendments to the Ordinance which expect solutions for these issues. All the governments, after the independence in 1948, has failed to make a considerable influence in the Ordinance or to introduce an Act related to Devalagam and Viharagam properties in order to solve these problems and to formalize the land use of such Viharagam and Devalagam areas. The background of these issues are originated with the long term possessory of those lands from generation to generation and to use as separate entity of the part owned by the present generation which, however, has been obstructed due to the shortage of the prevailing law. Hence, the objective of this paper is to review the Viharagam and Devalagam Ordinance No.19 of 1931, Buddhist Temporalities and to examine the management and development issues in connection with the Viharagam and Devalagam lands. In order to carry out the study, a sample of three hundred fifty (350) people were interviewed via a properly organized questionnaire survey among Paraveni families in . Ratnapura District. Also in-depth interviews were done with chief of Devala and Temples as well ? as the community leaders in the study area. However, this paper discusses only the results of indepth interviews and the review of the Act. Study noted that the co-ownership issue has been prevailing from generation to generation over many years even before the Viharagam and Devalagam Ordinance is introduced. This critical issue was become more complicated along with the judgment stating that the Paraveni lands with co-ownership rights cannot be partitioned. Secondly, the barriers towards the management and development of Paraveni properties are -identified under eight particular aspects. These findings are directly useful for the Paraveni land owners, relevant religious institutions and for the government in development and management of such lands and properties. This will result to bring socio-economic benefits to local and national level development too. Further, this can be applied to similar context in any part of the world