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 Writs of Certiorari and Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

Court of Appeal Case No.

CA/WRT/0643/2021

1. Dr. Moderage Joseph Heron Bernard Waas “Hill Crest” Saundby, Nr. Retford, Nottinghamshire, DN22 ET, United Kingdom.

Appearing by his Power of Attorney holder, Moderage Arjun Neon Chandransa Waas, of No. 49, Woodlands Avenue, Kohuwala.

2. Moderage Arjun Neon Chandransa Waas No. 21, Winfrith Way, Nursling, Southampton, S016 OXB United Kingdom and also of No.49, Woodlands Avenue, Kohuwala.

3. Moderage Sriranjan Francis Ternan Waas No. 55, Mount Avenue, Ealing, London W5 1PN, United Kingdom.

Appearing by his Power of Attorney holder, Moderage Arjun Neon Chandransa Waas of No. 49, Woodlands Avenue, Kohuwala.

4. Moderage Athanasius Mary Shanthilal Waas No. 204/A, Waterhouse Lane, Freemantle, Southampton, SO15 8RG United Kingdom Appearing by his Power of Attorney holder Moderage Arjun Neon Chandransa Waas of No.49, Woodlands Avenue, Kohuwala.

Petitioners Vs.

1. K. G. Wijayasiri

1A. H. M. S. P. Herath The Government Agent and/or Divisional Secretary-Putlam.

2. Ravindra Wickramasinghe Additional Government Agent & Land Acquiring Officer-Puttlam District.

3. Hon. Chamal Rajapaksa 3A. Hon. Harin Fernanado Minister of Tourism and Land, Ministry of Tourism and Land.

4. R. Y. Yesmika

4A. L. D. Ratnayake Secretary-Land, Acquisition Board of Review, No. 204 1/1 Kaduwela Rd, Battaramulla.

5. Puspika Muthukumarana Government Chief Valuer, Valuation Department, No. 748, Maradana Road, Colombo 10.

6. U. S. N. Fernanado

6A. Y. P. Puspananda Divisional Secretary, Divisional Secretariat.

Wennappuwa Respondents Before: M. T. MOHAMMED LAFFAR, J.

Counsel: Shivan Cooray with Damithu Surasena and N. D. Sebastian for the Petitioners.

Mihiri De Alwis, S. S. C. for the Respondents.

Argued on: 21.02.2024 Decided on: 12.06.2024 MOHAMMED LAFFAR, J.

The Petitioners in this Application are invoking the writ jurisdiction of this Court, seeking, inter-alia;

1. A Writ of Certiorari quashing the decision published in the Extraordinary Gazette Notification dated 12-05-1983 marked as P12.

2. A Writ of Certiorari quashing the decisions of the Respondents to award compensation of Rs. 160,000/- which is contained in the documents marked as P35, P36 and P38 pertaining to the land in dispute.

3. A Writ of Mandamus directing the Respondents to assess the compensation of the land in dispute to the market value existed at the time of the publication of Section 7 notice dated 09-12-2016.

4. Award compensation in a sum of Rs. 44,887,500/- each or in the alternative, provide the Petitioners with alternative land acceptable to the Petitioners.

One late Dr. Moderage Maria Joseph Waas was the owner of the entirety of the land to the extent of A2-R0-P31 which is morefully described in the first schedule to the Amended Petition. The said original owner, by deed bearing No. 1137 dated 17-09-1974 attested by C. A. B. De Fonseka, Notary Public marked as P10 gifted a portion of the said land, namely lot B in plan bearing No. 5597 which is morefully described in the second schedule to the amended Petition, to the Petitioners, which is in extent of A1-R2-P31 (excluding 10 perches). Under Section 38 (a) of the Land Acquisition Act No. 28 of 1964 (as amended), the Minister of Lands and Land Development by the Gazette Notification dated 12-05-1983 marked as P12 authorized the acquiring Officer to acquire the land owned by the Petitioners in extent of 0.581 hectares. Subsequently, the 6th Respondent, Divisional Secretary of Wennapuwa published the notice under Section 7 of the said Act in Government Gazette dated 23-02-1984 (P13). In order to assess the compensation, the land in dispute was resurveyed by the state in plan bearing No. 2513 dated 19-10-1983 marked as P14. By letter dated 22-06-1987 marked as