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GOVERNMENT AGENT v. PERERA


GOVERNMENT AGENT v. PERERA.

GOVERNMENT AGENT v. PERERA.

 D. C., Colombo, 2,203.

(The " Mount Mary " Case.)

Land Acquisition Ordinance-Ordinance No. 3 of 1876-Acquisition for public purpose-Finality of Governor's decision-Jurisdiction of District Court to revise Governor's decision-Sufficient and proper compensation-Standards of valuation-Market value.

    In the acquisition of a private land for a public purpose the Governor is not bound to take the report of the Surveyor-General as to its fitness for such purpose.

    His decision on the question whether a land is needed or not for a public purpose is final, and the District Court has no power to entertain objections to His Excellency's decisions.

    Of the several tests by which the market value of a land may be arrived at, one of the truest and fairest is the actual amount paid for a similar allotment of land in the same vicinity about the time of the acquisition.

    IN this land acquisition case the Government Agent of the Western Province (Mr. G. M. Fowler), upon receiving the order of the Governor to acquire an allotment of land situate in Maradana, Colombo, and the house standing thereon, called



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