Chithra Weerakkoon vs Hon. Jeewan Kumarathunga, Minister of Lands and others – CA Writ 0586/2007-2025

In the matter of Chithra Weerakkoon vs Hon. Jeewan Kumarathunga, Minister of Lands, the court addressed the issue of compelling the divestiture of an unutilized portion of land (Lot C) under Section 39A of the Land Acquisition Act. The court held that a Writ of Mandamus was warranted, directing the 1st Respondent to divest Lot C, reaffirming the principle that public authorities must discharge their public duty and public trust regarding acquired land. This decision relied on Section 39A of the Land Acquisition Act, legal precedents on property rights, unfettered executive discretion, and the Public Trust Doctrine, emphasizing that prolonged non-utilization of acquired land and failure to pay compensation necessitate divestiture.

Adithya Patabendige, J. determined that a Writ of Mandamu