Ilandarige Piyadasa v. Mahaweli Authority of Sri Lanka et al. – NO. 83/2013-2016

In the case between Ilandarige Piyadasa (plaintiff) and the Mahaweli Authority of Sri Lanka, Gamini Sisira Kumara, Asanka Gunathilaka, Garusinghage Gunasinghe, and the Land Commissioner General (defendants/respondents), the Court addressed the legality of a permit issued to the 4th respondent, Garusinghage Gunasinghe, authorizing occupation of a portion of land allegedly in violation of the Land Development Ordinance and related regulations concerning prohibited land subdivision. It was held that the prohibition under clause 115 regarding minimum land size for subdivisions did not apply since the portion granted to the 4th respondent was not a subdivision of the petitioner’s allocation. Pre-existing and independent occupation of the respective parcels by both parties prior to 1984 was esta