Gunawardene and Wijesooriya v. Minister of Local Government, Housing and Construction and Others – sllr 1999 volume 2 page 263

In the case between Gunawardene and Wijesooriya (petitioners) and the Minister of Local Government, Housing and Construction, the Commissioner of National Housing, and the 3rd respondent (owner), the court addressed the issue of whether the Commissioner’s failure to communicate the decision to divest property—contrary to statutory requirements and principles of natural justice—rendered the divestment order invalid. It was held that such failure, especially in light of the petitioners’ proper application and participation in agreements, breached the petitioners’ right to be notified and to appeal under section 39. The principle reaffirmed is that affected parties who have duly applied to purchase under the statutory scheme acquire procedural rights to be informed of material decisions affec