D. Palitha Sarath Kumara and others Vs. The Divisional Secretary, The Divisional Secretariat, Mawathagama and others – CA WRIT/444/2014-2014

In the case between D. Palitha Sarath Kumara and others (petitioners) and The Divisional Secretary, Mawathagama, and others (respondents), the court addressed the issue of whether a writ of mandamus could be issued to compel the respondents to transfer alternative state land to the petitioners in lieu of compensation for property acquired under the Land Acquisition Act in 1986, where neither compensation nor alternative land had been provided despite prior entitlement and directives. It was held that the prolonged failure of the respondents to provide either compensation or alternative land, in the face of established entitlement and ministerial directives, justified the grant of mandamus. The principle reaffirmed is that once entitlement through due process is established, public authorit

REF: CA WRIT/444/2014-2014 Category: Tag:
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