M.S. Sithy Jawahira and others Vs. Janaka Bandara Thennekoon MP and others – CA WRIT/163/2013-2013

In the case between M.S. Sithy Jawahira, M.A.M. Riyas, Mohamed Jaleel Samsuluha, and others (Petitioners) and Janaka Bandara Thennekoon MP (Minister of Land and Land Development), M.K.D.S. Gunawardena MP, Jhon Amaratunga MP, and others (Respondents), the court addressed the legality of the compulsory acquisition of the Petitioners’ lands under the Land Acquisition Act on the grounds that the public purpose was not specified in the required acquisition notices and that the process was arbitrary and unreasonable. It was held that, despite the Section 2 notice not stating the public purpose on its face, the intention and effect of the acquisition were readily apparent from the context, associated plans, and subsequent development works, and no substantive prejudice had been caused to the Peti

REF: CA WRIT/163/2013-2013 Category: Tag:
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