Peiris v. Land Reform Commission – sllr 2006 volume 3 page 365

In Peiris (through the Peiris Charitable First Trust) v. Land Reform Commission, the court examined whether a charitable trust is exempt from the Land Reform Law No. 1 of 1972, and if the Land Reform Commission has legal authority to re-acquire land vested in such a trust by operation of law. It was determined that the charitable trust was indeed exempt from the law’s provisions, with the principle established that property vested by operation of law remains permanently with the charitable institution. The judgment relied on the construction of the Land Reform Law, particularly Section 66(iii)(d), and concluded that the Commission’s attempt to repossess the property on grounds of non-utilization exceeded its legal authority, rendering such actions ultra vires. The court quashed the attempt