CA (Writ) 125/2013, the case filed by 1474 desperate landowners of the Jaffna Province against steps by the Rajapaksa regime to take over their traditional lands in the Jaffna Peninsula came up today (20.05.2013) in the Appeal Court before Justice S. Sriskandaraja, President of the Court of Appeal.
When the case was taken up, court was informed by K. Kanag-Isvaran, PC appearing with M. A. Sumanthiran, Viran Corea, Bhavani Fonseka, Lakshmanan Jeyakumar and Niran Anketell that it had been brought to the petitioners’ attention after the case was filed, that a so-called order for urgent acquisition purportedly under section 38 proviso A of the Land Acquisition Act had also been published in a Government Gazette, which also the petitioners wish to challenge and have quashed by court. A motion had been filed on behalf of the petitioners, presenting the Gazette publication to court.
Kanag-Isvaran told court that he was in a position to demonstrate that both the purported notice under section 2 of the Land Acquisition Act and the purported order under section 38 proviso A of that Act by the Minister of Land, were bad and liable to be quashed by court in the light of well-established principles of administrative law.
Court permitted the petitioners’ application to amend the petition to add a prayer to also seek the quashing of the so-called publication/order under section 38 proviso A of the Land Acquisition Act, and directed that the case is to be taken up for support on 27.05.2013 (next Monday) after the amended petition is filed, with notice to the respondents.
The Colombo Telegraph is reliably informed that thousands more are due to resort to litigation in a bid to save their lands from being taken from them by the ruling regime.