WANNIARACHCHI

Vs.

ROAD DEVELOPMENT AUTHORITY AND OTHERS

COURT OF APPEAL
KODAGODA, J. (P/CA)
OBEYESEKERE, J.
CN/WRIT/401/2019
NOVEMBER 20, 2019

Writs of certiorari and mandamus-Land Acquisition Act, sections 2, 4, 9(1), 17(1), 21, 28, 38(a), 42(2)-Payment of compensation upon acquisition- Taking over possession

Upon an order made by the Minister under the proviso (a) to section 38 of the Land Acquisition Act, the land of the petitioner together with several other lands was acquired for a road development project. The petitioner submitted a claim for compensation and participated at the inquiry held in terms of section 9(1) of the Act to determine the claim. Being dissatisfied with the compensation awarded, he appealed to the Board of Review, as provided for in section 21 of the Act. The petitioner's appeal was considered by the Land Acquisition Review Committee (LARC) and the Super LARC, and the compensation payable to the petitioner was enhanced.

The petitioner did not hand over possession of the land despite receiving several notices, claiming inter alia that the loss of earnings from his business which he conducted on the land had not been co