Sir John Beaumont:-

[1] This appeal from a decree dated 17-12-1942, of the Supreme Court of the Island of Ceylon, raises certain questions as to the construction and effect of the Land Acquisition Ordinance (chap. 203, Legislative Enactments of Ceylon) and of the Housing and Town Improvement Ordinance (chap. 199, Legislative Enactments of Ceylon) and it will be convenient at the outset to refer to the material provisions of these enactments.

[2] By the Land Acquisition Ordinance it is provided, so far as material, by S. 3 that whenever it shall appear to the Governor that land in any locality is likely to be needed for any public purpose it shall be lawful for the Governor to direct the Surveyor-General to examine such land and report whether the same is fitted for such purpose. By S. 5 the Surveyor-General is required to make his report and upon receipt thereof the Governor may direct the Government Agent to take order for the acquisition of the land. By S. 6 the Government Agent is required to give notice that the Government proposes to take possession of the land, and that claims to compensation from all interested in such land may be made to him. By S. 7 the Government Agent is r