Piyarathna and Another vs. Minister of Lands and Others – sllr 2020 volume 2 page 354

The case between Piyarathna and Another (Plaintiff) and Minister of Lands and Others (Defendant) addressed whether a divesting order under Section 39A of the Land Acquisition Act was justified when land acquired in 1984 for the Dambulla New Town Development Plan remained unused for 36 years. It was held that the conditions for a divesting order—absence of compensation, non-use for public purpose, absence of improvements, and required consent—were satisfied. The principle reaffirmed is that ministerial discretion under land acquisition statutes must be exercised in accordance with the public trust doctrine, reasonably, and not arbitrarily. The decision relied on statutory interpretation of the Land Acquisition Act as well as precedential standards governing ministerial discretion and the pu