Wanniarachchi vs. Road Development Authority and Others – sllr 2020 volume 2 page 058

In Wanniarachchi v. Road Development Authority and Others, the court addressed whether, under the Land Acquisition Act, the State may take immediate possession of private land by order of the Minister (under proviso (a) to Section 38) without waiting for the final determination of compensation or the result of an appeal, and whether payment of compensation (including amounts enhanced by the Board of Review/Super LARC) is a condition precedent to such possession. It was held that the legislative provisions allow for possession to be taken upon an award or by Ministerial order, regardless of pending appeals or the completion of compensation payments. The holding reaffirmed that the entitlement to possession under the Act is not subject to prior payment of compensation or exhaustion of appell