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Balapitiya land acquisition case: CA rules in favour of petitioner

by Rodney Martinesz

The Court of Appeal has quashed the acquisition of a land named 'Wadugewatte' in Balapitiya in 1975 after the dependants of the original owner who died in 1997 filed a writ application stating that the land which was acquired by the then Agricultural Minister had not been used for public purposes as intended when such acquisition was gazetted.

The petitioners claimed that since the death of their father, Ladusinghe Badu Sirisena on 20.06.1997, they became co-owners of that portion of Wadugewatte which is also known as 'Kohila Wagurewatte Henatiya' land portion.

The predecessor of 1st respondent by Gazette notification of 18.04.1975 acquired an extent of 28.1 perches of the land called Wadugewatte which is also known as Kohila Wagurewatte Henatiya land portion purported to be for a public purpose under the provisions of Section 5(1) of the Land Acquisition Act No. 29 of 1994 as amended. The public purpose stated in P1 is to join this portion of the land acquired to the school which is located on a portion of a larger land called Wadugewatte.

The petitioners respectfully state that though portion of the petitioners' property was acquired for a public purpose in 1975 it has not been used or put to use for the public purpose stated upto date.

The petitioners state that though that portion of the property of the petitioners' land is said to have been acquired, the petitioners are in possession of that property. The petitioners state that as a result of this situation they are unable to make use of this property usefully. The petitioner prayed for a writ of certiorari quashing the acquiring order by the 1st respondent predecessor by Government Gazette notification dated 18.4.1975.

They also asked court to issue a writ of mandamus compelling the respondents abovenamed to divest the land.

The respondents are, Minister D. M. Jayaratne, Government Agent / Divisional Secretary Galle and the Attorney General.

The Bench comprised Justice C. N. Jayasinghe. Dr. Jayatissa de Costa, D. D. P. Dassanayake and Asoka Fernando appeared for the petitioners. Deputy Solicitor General A. Gnanathasan appeared for the Respondents.

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