Rajapaksa Appuhamilage Dona Emilda Perera vs Hon. Gayantha Karunatileke, Minister of Lands and Parliamentary Reforms – CA WRT/0007/19-2025

In the case between Rajapaksa Appuhamilage Dona Emilda Perera (petitioner) and various state officials including the Minister of Lands and Parliamentary Reforms, the Minister of Internal and Home Affairs and Provincial Councils and Local Government, and the Minister of Provincial Councils and Local Government and Sports (respondents), the court addressed whether the petitioner was entitled to a divesting order under Section 39A of the Land Acquisition Act for an unutilized portion of land previously vested in the State. It was held that, where the statutory requirements outlined under Section 39A(2) are satisfied—specifically, absence of public use, non-payment of compensation, lack of improvements, and necessary written consent—the discretionary power of the Minister to divest state-held