Wijesinghe Arachchilage Prmawathi Menike v. Divisional Secretary – CA PHC/84/2009-2016

In the case between Wijesinghe Arachchilage Prmawathi Menike (Appellant) and the Divisional Secretary, Divisional Secretary’s Office, Imbulpe (Respondent), the court addressed whether a delay by the State in taking possession of land acquired under the Land Acquisition Act nullified the acquisition or compromised the State’s right to recover possession, the applicability of res judicata following a prior dismissal on technical grounds, and the existence of exceptional circumstances justifying revisionary jurisdiction after an eviction order under section 42(2) of the Land Acquisition Act. It was held that the State’s delay did not affect the validity of the acquisition, that res judicata was not applicable absent a decision on the merits, and that no exceptional circumstances warranted rev