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2025 Supreme(SRI)(CA) 387


IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Mandates in the nature of a Writs of Certiorari and Mandamus under and in terms of Article 140 of the Constitution.
Chandrasekera Mahinda Nimal Bogollagama
8023, Lewinsville Road, McLean, VA 22102, United States of America.
By and through his Power of Attorney holder Ayendra Bandaranaike Gregory’s Road, Colombo 07.
PETITIONER C.A. (Writ) App. No: 150/2021 Vs.
1. Hon. S. M. Chandrasena Minister of Lands, Ministry of Lands, “Mihikatha Madura”
Land Secretariat, No.1200/6, Rajamalwatta Road, Battaramulla.
Hon. Harin Fernando Minister of Lands, Ministry of Lands, “Mihikatha Madura”
Land Secretariat, No.1200/6, Rajamalwatta Road, Battaramulla.
SUBSTITUTED 1St RESPONDENT Hon. K. D. Lal Kantha Minister of Lands, Ministry of Lands, “Mihikatha Madura”
Land Secretariat, No.1200/6, Rajamalwatta Road, Battaramulla.
12nd SUBSTITUTED 1St RESPONDENT
22. S. Vijay Kumar Divisional Secretary, Divisional Secretariat, Laggala.
33. The Land Reform Commission No. 475, Kaduwela Road, Battaramulla.
RESPONDENTS Before : Dhammika Ganepola, J.
Adithya Patabendige, J.
Counsel : Indunil Bandara with Rosary Nonis for the Petitioner.
Pulina Jayasuriya, SC for the 1st and 2nd Respondents.
Argued on : 14.07.2025 Written Submissions : Petitioner : 01.09.2025 tendered on Decided on : 16.10.2025

Advocates:
Indunil Bandara with Rosary Nonis for the Petitioner. Pulina Jayasuriya, SC for the 1st and 2nd Respondents.

Dhammika Ganepola, J.

The 1st Petitioner has filed this application through his Power of Attorney holder, seeking a Writ of Certiorari to quash the decision of the 2nd Respondent as reflected in the letter dated 4th August 2020, marked as P14 to the effect that the Petitioner is not entitled for compensation in respect of acquisition of the land in issue as the said land had been a State land at the time of the acquisition and a Writ of Mandamus directing the 2nd Respondent to award appropriate compensation to the Petitioner in accordance with the provisions of the Land Acquisition Act for the land in question.

The Petitioner was once the owner of an undivided 1/18 share of a 400 acres land plot called Laggala, also referred to as Welivita, located in Laggala. In proof of his ownership of the land, the Petitioner submits the Deed of Gift bearing No. 384 dated 18.01.1970 (P1), which provides that the Petitioner holds title to the land together with three other co-owners. After the enactment of the Land Reform Law No. 1 of 1972, the other three co-owners had made statutory declarations regarding their shares of the land. However, the Petitioner had not submitted such a declaration as his share, amounting to 22.22 acres, had been below the ceiling imposed by the Land Reform Law.

Later, the Petitioner had come to know that the impugned land had been vested with the 3rd Respondent, and the aforesaid co-owners had claimed title to the entire land of 400 acres. Accordingly, the Petitioner, by his letter dated 16.03.1976 (P2), had requested the 3rd Respondent to hand over the share of the land owned by the Petitioner back to him and the 3rd Respondent had failed to respond to the said request. While the matters remained as such, the 3rd Respondent had caused to make a publication under Section 29 of the Land Reform Law calling for written claims for compensation for the above land.

In spite of such circumstances, the Petitioner, by his letter dated 21st August 1978(P3), objected to the payment of compensation to the aforesaid three co-owners and requested 3rd Respondent to restore the Petitioner in possession of his share of the land. Accordingly, an inquiry had been held by the 3rd Respondent, and the aforesaid co-owners had agreed to settle the said dispute on the premise that the Petitioner is entitled to an allotment of land in extent 22 acres adjacent to the land claimed by the said co-owners instead of the undivided share owned by the Petitioner. The 3rd Respondent, by his letter dated 07th April 1979(P5), had confirmed the entitlement of the Petitioner to the aforesaid 22 acres of the land and had required the Petitioner to have a private survey conducted. Thereafter, a survey had been conducted and A. Doloswela, Licensed Surveyor, had prepared the Plan No. 2837 dated 30th April 1979 (P6) which depicts the aforesaid 22 acres of the land as claimed by the Petitioner. Thereafter, the said portion of land had been handed over to the Petitioner, and the 3rd Respondent had conveyed the said land to the Petitioner by Deed bearing No. 780 dated 6th of September 1979(P8). Accordingly, the Petitioner had been vested with the absolute title and the ownership of the aforesaid land depicted in Plan P6.

The Petitioner states that his land was subsequently acquired by the Government for the Moragahakanda and Kalugaga Development Project. The Petitioner had claimed compensation for the said acquisition and had made representations to the relevant authorities. Accordingly, the Petitioner had been asked to be present for an inquiry on 14th December 2017(P12) by the Divisional Secretary of Laggala -Pallegama. Thereafter, the Petitioner had been informed by the 2nd Respondent by his letter dated 04th August 2020(P14) that, in response to an advice sought from the Attorney General with regard to the procedure to be adopted in deciding the ownership of land, the 2nd Respondent had been advised that no necessity arise for any payment of compensation as t

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