Herath vs. Morgan Engineering (Pvt) Ltd – sllr 2013 volume 1 page 222

In Herath v. Morgan Engineering (Pvt) Ltd, the court addressed the issue of whether occupation of State Land by a party lacking a lawful permit or written authority constituted unauthorized possession under the State Lands (Recovery of Possession) Act No. 7 of 1979. The court held that possession of State Land requires clear documentary authority granted under written law, and mere evidence of monthly tenancy or payment of rent does not amount to legal authorization within the meaning of the Act. The judgment reaffirmed the principle that courts must apply the express statutory language without importing extraneous interpretations or conditions. The decision relied on the express provisions of the State Lands (Recovery of Possession) Act and relevant constitutional definitions, emphasizing