Gunathilake and Others vs. Minister of Lands and Others – sllr 2020 volume 3 page 144

In the case between Gunathilake and Others (plaintiffs) and the Minister of Lands and Others (defendants), the court addressed the issue of whether the Minister of Lands acted within statutory authority when issuing Order “P8” under Section 38 proviso (a) of the Land Acquisition Act. It was determined that the Minister’s reliance on urgency did not obviate the statutory requirements to establish necessity and suitability for acquiring the subject land. The court held that proper consideration of these legal preconditions was absent, rendering the acquisition order illegal and ultra vires. The established principle reaffirmed is that the urgency clause does not override the need for procedural fairness and statutory compliance in land acquisitions. The decision relied on interpretation of t