WERAGAMA

Vs.

COMMISSIONER GENERAL OF AGRARIAN DEVELOPMENT

SUPREME COURT
ALUWIHARE, J.
KODAGOOA, J.
J. DE SILVA, J.
SC/APPEAL/55/2017
SC/SPL/LA/231/2016
CA/WRIT/317/2016
JULY 7, 2021

Writ of certiorari-Agrarian Development Act, No. 46 of 2000, sections 22(1), 22(2), 28(1), 29, 31(1), 31(2), 31(3), 33(1), 83, 100-Long title-Preamble-Scope and purpose of the Act-Non-agricultural land-Powers of the Commissioner General of Agrarian Development-Statutory interpretation-Severance

The appellant, who was the owner off our parcels of land, requested the respondent Commissioner General of Agrarian Services to declare the lands as highlands. The respondent acting in terms of section 28 of the Agrarian Development Act, No. 46 of 2000, declared that the lands are not paddy lands and further imposed four conditions to be satisfied in order for the lands to be utilised for non-agricultural purposes.

The appellant sought a writ of certiorari to quash the decision to impose the four conditions on the ground that the respondent Commissioner lacked the power to impose such conditions on the use of non-agricultural land. The Court of Appeal held that the provisions of the