New Zealand College of Technological Studies (Pvt) Ltd vs Janatha Estate Development Board – CA PHC/182/2014-2018

In the case between New Zealand College of Technological Studies (Pvt) Ltd and Janatha Estate Development Board, the court addressed whether the State Lands (Recovery of Possession) Act could be used to evict a party from floors above the ground floor in a multi-storied building situated on state land, and whether the appellant possessed valid written authority to occupy the premises. It was held that the Act applies to all parts of a building on state land, regardless of floor, and that unlawful occupation cannot be shielded by restricting the Act’s operation to the ground floor only. The principle reaffirmed is that statutory remedies for the recovery of possession of state land are broad in scope, designed to prevent unlawful occupation. This outcome was reached by interpreting the term