Mohammed Abusally Ahamed Nazeer v. Divisional Secretary et al. – CA W/A NO.1142/06-2011

In the case between Mohammed Abusally Ahamed Nazeer (Plaintiff) and the Divisional Secretary, Divisional Secretariat, Akkaraipattu, Secretary, Ministry of Agriculture Development, and others (Defendants), the court addressed the lawfulness of land acquisition under Section 38 proviso (a) of the Land Acquisition Act for the urgent relocation and reconstruction of a tsunami-destroyed school. It was held that the acquisition was lawful, as the respondents demonstrated requisite urgency and the petitioner failed to establish that no such urgency existed. The principle reaffirmed is that an order under Section 38 proviso (a) can be made only in cases of demonstrated urgency, and the burden rests on the petitioner to show the absence of such urgency when contesting the order. The decision relied