HORANA PLANTATIONS LTD.
VS.
HON. MINISTER OF AGRICULTURE AND 7 OTHERS

SUPREME COURT
TILAKAWARDANE, J
IMAM,J AND
SURESH CHANDRA, J
S. C. APPEAL No. 06/2009
S.C( SPECIAL) I .A. No. 215/2008
CA (WRIT) APPLICATION NO. 1364/2004
NOVEMBER 4TH, 2011

Writ of Certiorari - Validity of the order - Absence of urgency at the time of issue- -Principle of reasonableness - Land Acquisition Act - Section 2 - Public purpose of acquisition - Section 38 - Acquisition on the ground of urgency - Burden of establishing urgency.

The Petitioner appealed against the Judgment of the Court of Appeal dismissing the Petitioner's Application seeking a Writ of Certiorari to quash the order of acquisition published in the Government Gazette under clause (a) of the proviso to Section 38 of the Land Acquisition Act and to quash the notices issued under Sections 2 and 4 of the Act.

Leave to appeal was granted by the Supreme Court on the following questions:

(1) Has a public purpose been manifested and/or stated in the notice under Section 2 of the Land Acquisition Act?

(2) Do the facts and circumstances of this case warrant an order under clause (a) of the proviso to Sectio