Kingsley Fernando v. Dayaratne and Others – sllr 1991 volume 2 page 129

In the case between Kingsley Fernando (Plaintiff) and Dayaratne and Others (Defendants), the court addressed whether a former owner possesses a statutory right under section 39A of the Land Acquisition Act to compel the Minister to divest a portion of land acquired for housing purposes. It was determined that section 39A grants a discretionary, rather than mandatory, power to the Minister and does not create an enforceable right for the petitioner. The findings established that divestment must pertain to the whole extent of land covered by the vesting order and cannot be effected piecemeal. The court noted that use of the land for both residential and associated commercial purposes fulfills the statutory requirements of public use, and that improvements made after acquisition further suppo