Henry Nelson Rathnayake vs. Umesha Matarage-Divisional Secretariat, et al. – CA WRIT/391/2021-2022

In the case between Henry Nelson Rathnayake (trading as Nisalki Enterprises) and Umesha Matarage (Divisional Secretary, Thihagoda) and others, the court addressed the lawfulness of the compulsory acquisition of the petitioner’s land by the State under the Land Acquisition Act No. 9 of 1950 (as amended). The key issue concerned whether statutory procedures under sections 2, 5, 7, 9, 17, 38(a), and 38A of the Act were properly adhered to before taking possession of the petitioner’s property and whether the process for assessing compensation was adequate. The findings established that the procedural prerequisites for lawful acquisition and urgent possession were satisfied on the evidence presented, and the correct statutory basis for acquisition was found to be Section 38(a) rather than Secti