Divisional Secretary Kalutara vs. Kalupahana Mestrige Jayatissa – CA PHC APPLICATION NO.193/2011-2017

In the case between the Divisional Secretary of Kalutara (with the Attorney-General as co-appellant in part) and Kalupahana Mestrige Jayatissa, the central issue concerned the validity of the state’s documents as permits or authority for occupation and the Competent Authority’s requirement to establish state ownership of the disputed land under the State Lands (Recovery of Possession) Act. It was determined that the Competent Authority need only form an opinion regarding unauthorized occupation, and the role of the Magistrate does not extend to re-examining whether the land is vested in or acquired by the State. The court ruled that previous decisions of the High Court and Court of Appeal misapplied the statutory framework and authority of the state’s representatives. The Supreme Court set