FR application against Land Reform Commission dismissed

Petitioners, H.M.Z. Abdeen, Azmiya Abdeen, Aneez Abdeen, Azharia Abdeen, of Matale, were granted leave to proceed on the alleged infringement of their fundamental rights under Article 12 (1) of the constitution.

The said petitioners stated that the 3rd respondent, Land Reform Commission had failed to transfer 150 acres from Galaha Estate to them.

The petitioners contended that this act was arbitrary and capricious, in violation of their legitimate expectations and that it also violated the principles of natural justice.

The Land Reform Commission contented that the said estate was not owned by the Land Reform Commission, as by gazette marked P5 it had been bequeathed to the Janatha Estates Development Board (JEDB).

In the absence of a divesting order under the said act ownership remained in the JEDB. The Court stated "that it is an important pre-condition for the Minister to make an order for re-vesting of such land, which should be published in the gazette. In this case no such order had been made to re-vest the land."

Having reviewed the entire case a Bench of three Judges, Justice Shirani Bandaranaike J, J.G. Amaratunge J, and Jagath Balapatibandi J, dismissed the case without costs.

The Court held that the Land Reform Commission had not violated article 12 (1) of the constitution.

The land in question need not be given to the petitioners.

That the money deposited by the said petitioners to the JEDB be returned to them.

F. Muatafa PC with Faizer Marker appeared for the petitioners.

S.S. Sahabandu PC with A.P. Niles and J.C. Boange appeared for the Land Reform Commission.