THlRlMAVlTHANA VS. URBAN DEVELOPMENT AUTHORITY AND OTHERS

THlRlMAVlTHANA VS. URBAN DEVELOPMENT AUTHORITY
AND OTHERS

COURT OF APPEAL
SRIPAVAN, J.
SISIRA DE ABREW, J.
CA 378/2005
NOVEMBER 14,2005
JANUARY 25,2006
MAY 8, 10, 15, 16, 17, 23, 25,26,29,2006
JUNE 1,6, 15,27,2006
SEPTEMBER 6,2006

Writ of Certiorari- Acquisition of Land reserved for play ground / recreational activities for residents - possession taken over - under unlawful arbitrary capricious? - Urban Development Authority law (UDA) law of 41 of 1978 as  amended - Section 18(1). Alienation of UDA land - is the approval of the minister necessary? Availability of judicial review - failure to follow procedure laid down in law - total? - legitimate Expectation - to have the ground kept as a play ground? change of promise - overriding public interest?

The petitioners are the owners/residents/ occupiers of the houses situated within the Jayanthipuara Housing Scheme - 65 Acres. The Land was originally divided amongst the original owners and a block of land of about 5 Acres 3 Roods was identified as open space. A portion of this area - in extent one Acre had been used as a playground and for recreational activi

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