D.S J. Peiris and D.P.M.K. Peiris vs The Kalutara Bodhi Trust, Ministry of Lands and Land Development, Divisional Secretary, and Ms. D.S.D.L. Peiris – 845/2007-2015

In the case between D.S.J. Peiris, D.P.M.K. Peiris (Petitioners) and the Kalutara Bodhi Trust along with related State authorities (Respondents), the court addressed whether Petitioners were entitled to a writ of certiorari to quash a Section 38 notice issued under the Land Acquisition Act that allowed urgent possession of their land prior to payment of compensation. It was held that the Petitioners were not entitled to such relief, reaffirming the principle that, under the Land Acquisition Act, the Minister’s decision as to “public purpose” is not open to judicial scrutiny while the exercise of urgency powers may be reviewed for arbitrariness but was properly established in this case. The decision relied on statutory interpretation of the Land Acquisition Act and applicable precedent, und