D. H. GUNASEKERA and 10 others, Petitioners, and MINISTER OF LANDS AND AGRICULTU

025-NLR-NLR-V-65-D.-H.-GUNASEKERA-and-10-others-Petitioners-and-MINISTER-OF-LANDS-AND-AGRICULTU.pdf


Gunasehera v. Minister of Lands and Agriculture
119
1963Present: H. ft. G. Fernando, J.
H. GXJNASEKERA and 10 others, Petitioners, and MINISTEROF LANDS AND AGRICULTURE and another. Respondents
S. C. 447 of 1962—Application for a Writ of Certiorari and an Injunctionon the Minister of Lands and Agriculture and on the PermanentSecretary to the said Minister
Compulsory acquisition of land for public purpose—Declaration of Minuter—Incapa-city of Courts to question it—Land Acquisition Act (Cap. 460). s. 5 (1) (2).
In proceedings under the Land Acquisition Act for the compulsory ocquisitior'of a land, the declaration of the Minister that the tand is required for a publicpurpose cannot be questioned in the Courts.
120 B. N. G. FEBNANIJO, if.—Gunaaekera ». Minister of Lands and Agriculture.,
Application for a writ of certiorari and an injunction on the Minis-ter of Lands and Agriculture and on the Permanent Secretary to thesaid Minister.
W. Jayewardene, Q.C., with H. Rodrigo and iV. R. M. Daluioaite,for petitioners.
M. Deheragoda, Crown Counsel, for 1st and 2nd respondents.
May 13, 1963. H. N. G. Fbbnajtdo, J.—
This is an application in which relief is sought against proceedingstaken under the Land Acquisition Act (Cap. 460) for the compulsoryacquisition of certain lands. Counsel for the Petitioners concedes thata declaration under section 5 (1) of the Act has been published by theMinister in the Gazette. The consequence of the publication of thatdeclaration is that sub-section (2) of section 5 operates to render thedeclaration conclusive evidence that the land was needed for a publicpurpose. The question whether the land should or should not be acquiredis one of policy to be determined by the Minister concerned and evenif that question may have been wrongly decided, sub-section (2) ofsection 5 renders the position one which cannot be questioned in theCourts. The application is refused with costs fixed at Rs. 210.
Application refused.