Morgan Engineering (Pvt) Ltd. vs. Mr. L.H.M.B.B. Herath – SC APPEAL 214/12-2013

The case between Morgan Engineering (Pvt) Ltd. and the Sri Lanka Ports Authority addressed the issue of whether documentary evidence, specifically documents X1 and X2 and the acceptance of monthly rental payments, constitutes “written authority” for possession under the State Lands (Recovery of Possession) Act. It was held that such documents and rental practices did not satisfy the statutory requirement for lawful possession, as a valid permit or written authority under relevant written law is necessary for occupation of State land. The principle affirmed is that monthly tenancies or informal written acts by state entities do not amount to lawful authorization for occupying State land. This decision relied on the interpretation of section 9 of the State Lands (Recovery of Possession) Act