GUNATHILAKE AND OTHERS

Vs.

MINISTER OF LANDS AND OTHERS

COURT OF APPEAL
SAMAYAWARDHENA, J.
OBEYESEKERE, J.
CA/WRIT/387/2017
JULY 15, 2020

Writ of certiorari-Land Acquisition Act, No. 9 of 1950, sections 2, 4, 5, 7, 10, 17, 38, 41-Procedure for the acquisition of land-Finality of Minister's decision-Grounds for judicial review and degrees of review-Burden of proving urgency-Public Trust Doctrine

The 1st respondent, the Minister of Lands, published a notice under section 2(1) of the Land Acquisition Act, No. 9 of 1950, as amended, in respect of an extent of land that included the land on which the petitioners' newly constructed wedding reception hall stood. The land had been requested by the Minister of Highways for the stated public purpose of extending the approach road of the Ganemulla flyover, which was still

under construction. The 1st respondent thereafter published a notice (P8) under the proviso (a) to section 38 of the Land Acquisition Act requiring the Acquiring Officer to take immediate possession of the land on the ground of urgency. The petitioners sought to challenge the notice inter alia on the ground that there was no nec