De Silva v. Atukorale, Minister of Lands, Irrigation and Mahaweli Development and Another – sllr 1993 volume 1 page 283

In the case between De Silva (Plaintiff) and Atukorale, Minister of Lands, Irrigation and Mahaweli Development and another (Defendants), the court addressed the issue of the lawful exercise of ministerial discretion under section 39A of the amended Land Acquisition Act. It was held that a minister’s discretion to divest acquired land must be exercised reasonably, in good faith, and consistent with statutory objectives, especially where the land retained exceeds the public purpose claimed. The decision reaffirmed the principle that statutory discretion is subject to legal constraints and must be directed towards genuine public purposes. Reliance was placed on the provisions of the Land Acquisition Act and related statutory standards, underscoring that the retention of land without justifica