H. J. A. W. International (Pvt) Ltd vs Hon. Nalaka Jude Harin Fernando, Minister of Tourism and Land and others – CA Writ 127/2024-2025

In the matter of the Petitioners (three private companies) and the Secretary to the Ministry of Power and Energy, the court addressed the issue of the legality and *bona fides* of government land acquisition for a wind power project when private entities had proposed a similar project on the same land. The court held that the government’s actions were irrational, capricious, unethical, and *mala fide*, violating proprietary and economic rights. This decision reaffirmed the principle that state intervention in domains where private enterprises are willing and able to invest, especially through arbitrary land acquisition for an identical purpose, is detrimental to economic rights and discourages private investment. This decision relied on the Land Acquisition Act, No. 9 of 1950, legal preced