Abdul Azahim Fathima Haleema vs. The Divisional Secretary, Divisional Secretariat, Kalutara – CA WRIT 29/2023-2024

In the case between Abdul Azahim Fathima Haleema (and Pakir Mohamed Sithy, Mansooriya) and the Divisional Secretary, the District Secretary, and others, the court addressed the legality of a ministerial order for immediate possession of land under Section 38 of the Land Acquisition Act. The principal question concerned whether the urgency declared by the minister in the acquisition process could be set aside on the ground of absence of urgency, and whether the petitioner had established such absence. After assessment of documentary evidence, statutory interpretation, and relevant precedents, it was held that the petitioner did not succeed in proving the absence of urgency at the time the order was made. The court upheld the minister’s power to determine urgency and the propriety of adminis