Batugahage Don Udaya Shantha vs Jeevan Kumaranatunga, The Minister of Lands and Land Development – SC SPL LA NO.49/2010-2012

In the case between Batugahage Don Udaya Shantha (Petitioner) and various governmental officials and entities including the Minister of Lands and Land Development and the Secretary, Ministry of Lands (Respondents), the court addressed the issue of whether strict compliance with Rule 8(3) of the Supreme Court Rules, 1990 regarding service of notices is mandatory for Special Leave to Appeal applications, and whether an extension of time under Rule 40 can cure such non-compliance. It was held that failure to serve notices concurrently with the application, as required by Rule 8(3), constitutes a fatal procedural defect, rendering the application liable to dismissal regardless of subsequent attempts to regularize the process. The principle reaffirmed is that adherence to procedural requirement