N.H.C. Perera and Others vs. Mahaweli Authority of Sri Lanka and Others – CA WRIT 208/12-2012

In the case between N.H.C. Perera and others (plaintiffs) and Mahaweli Authority of Sri Lanka and others (defendants), the court addressed whether the Mahaweli Authority adhered to the requisite legal procedure when alienating Mahaweli lands for commercial purposes, particularly concerning the substitution of a public auction with a tender process. It was held that the procedural requirement was not violated, as inviting tenders is, in effect, equivalent to a public auction in the relevant statutory and jurisprudential context. This reasoning was grounded in statutory interpretation and relevant precedents, establishing that the formality of auction or tender serves the same legal objective of transparency and public participation. The decision clarified that the lack of awareness of the p

REF: CA WRIT 208/12-2012 Category: Tag:
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