Divisional Secretary vs. Mohamad Ismail Noor Faiza and R. Jayantha Pushpakumara – CA PHC 112/2008-2015

In the case between the Divisional Secretary, Acquiring Officer, Minuwangoda, Minuwangoda Divisional Secretariat (representing the State) and Mohamad Ismail Noor Faiza and R. Jayantha Pushpakumara Gunathilake, the court addressed whether the High Court was correct in setting aside a Magistrate’s Court order granting possession of disputed land to the State under the Land Acquisition Act. It was held that once the procedural requirements of Section 42(2) of the Land Acquisition Act are met and the legality of acquisition has previously been settled or not properly challenged, the Magistrate is required to order delivery of possession to the State. The court reaffirmed the principle that parties seeking relief have a duty of full and frank disclosure of all material facts. Reliance was place