Romesh Mohan De Mel and Randika Lawson De Mel vs. Hon. S. M. Chandrasena et al. – CA WRIT APPLICATION NO: 115/22-2023

In the case between Romesh Mohan De Mel and Randika Lawson De Mel, trustees of the ‘Ratrankoratuwa Estate’ (Petitioners), and respondents including Hon. S. M. Chandrasena (Minister of Lands), Hon. Harin Fernando (Minister of Tourism and Lands), and relevant state officials, the court addressed the legality and procedural propriety of a land acquisition under the Land Acquisition Act. The principal issue involved the validity of issuing a Section 2 notice and exercising urgency powers under proviso (a) to Section 38, in the context of acquiring land for relocating a weekly fair. It was held that the notice under Section 2 was investigative and did not, by itself, affect proprietary rights, and that the burden lay with the Minister to prove genuine urgency to bypass substantive procedural sa