BALANGODA PLANTATIONS PLC

BALANGODA PLANTATIONS PLC
VS.
JANAKA BANDARA TENNAKOON,
MINISTER OF LANDS AND LAND DEVELOPMENT AND OTHERS

SUPREME COURT
WANASUNDERA P.C.J.
ANIL GOONERATNE J.
CHITRASIRI.J.
CASE No. SC WRIT 01/2014
25.02.2016

Certiorari- Prohibition- Section 38 proviso (a) of the Land Acquisition Act-Urgency-Section 2 of Act No. 2 of 1980

Locus Standi- Necessary Parties- Time Limits Mandatory- Opinion of Head of State- Urgency- Jurisdiction of Supreme Court- Constitution Article 140-Time Limits-Mandatory.

Petitioner (Balangoda Plantations) sought a writ of Certiorari and Prohibition against 8 Respondents. Certiorari to quash section 38 proviso (a) order under Land Acquisition Act and section 2 order made under Urban Development Projects Act. Writ application originally was filed in the Court of Appeal and subsequently withdrawn. Thereafter a writ application was filed in the Supreme Court.

Learned Deputy Solicitor General raised the following preliminary Objections :

A) Application filed is out of time.
B) Necessary parties not cited.
C) Petitioner has no locus standi.

HELD:

1. The Section 2 notice was published in the Gazette on 22.01.2014. In law publication o

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