Kotagala Plantations PLC v. H.A. Kamal Pushpakumara et al. – CA WRIT APPLICATION NO: 380/2017-2021

In the case between Kotagala Plantations PLC and various Respondents including H.A. Kamal Pushpakumara (Divisional Secretary, Horana) and the Minister of Lands, the court addressed the lawfulness of invoking the urgency provisions under Section 38(a) of the Land Acquisition Act to take immediate possession of land, thereby bypassing the protections granted under Section 4 of the Act, specifically the right to object. It was determined that the Respondents had not established genuine urgency justifying such a departure from standard procedures, and the burden to demonstrate such urgency lay with the State. Reliance was placed on the legislative framework and precedent emphasizing that the right to object to acquisition is fundamental and should not be omitted absent clear and compelling nec