Mawathagama Pradeshiya Sabha vs Hon. Janaka Bandara Tennakoon – CA 285/2008-2013

In the case between Mawathagama Pradeshiya Sabha (Petitioner) and Hon. Janaka Bandara Tennakoon (Minister of Lands and Land Development) and others (Respondents), the court addressed the legality of a ministerial divesting order under Section 39A of the Land Acquisition Act, concerning land previously acquired for public purposes. It was held that the divestiture was invalid due to non-compliance with statutory requirements and denial of natural justice. The principle was reaffirmed that strict adherence to statutory procedure, actual public purpose, and legitimate right or title is essential in land acquisition and divestiture processes. The decision referenced applicable statutory provisions and judicial precedent, underlining that ministerial discretion must be lawfully exercised and th