Ceylon Petroleum Corporation v. Mashood – sllr 2004 volume 2 page 055

In the case between Ceylon Petroleum Corporation and Mashood, the court addressed whether a right of way (cartway) of necessity can be established on land vested absolutely and free of encumbrances under Section 35 of the Ceylon Petroleum Corporation Act, No. 28 of 1961. It was held that such a servitude cannot be created upon land which has been vested under Section 35, as the vesting operates to extinguish all past and future encumbrances. The plaintiff-respondent’s claim of necessity, based on prior occupancy and anticipated business, was found insufficient to establish a legal entitlement to the right of way. This decision reaffirmed the principle that statutory vesting for public purposes under section 35 precludes the judicial creation of new servitudes over such land, relying on sta