{"id":96139,"date":"2013-07-19T16:42:41","date_gmt":"2013-07-19T11:12:41","guid":{"rendered":"http:\/\/www.colombotelegraph.com\/?p=96139"},"modified":"2013-07-30T18:56:28","modified_gmt":"2013-07-30T13:26:28","slug":"jaffna-tamils-land-grab-appeal-court-notices-respondents-to-appear-on-27-08-2013-in-writ-by-catholic-bishop-of-jaffna-against-grab-by-rajapaksa-regime","status":"publish","type":"post","link":"https:\/\/www.colombotelegraph.com\/index.php\/jaffna-tamils-land-grab-appeal-court-notices-respondents-to-appear-on-27-08-2013-in-writ-by-catholic-bishop-of-jaffna-against-grab-by-rajapaksa-regime\/","title":{"rendered":"Jaffna Tamils’ Land Grab – Appeal Court Notices Respondents To Appear On 27.08.2013 In Writ By Catholic Bishop Of Jaffna Against Grab By Rajapaksa Regime"},"content":{"rendered":"

The Appeal Court has today (19.07.2013) issued notice on the respondents in a writ petition supported on behalf of the Roman Catholic Bishop of Jaffna, who has also petitioned the Appeal Court to stop the grabbing of traditional Tamil lands of Tamils in the Jaffna Peninsula by acquisition. The case follows 2176 Jaffna Tamils petitioning the Appeal Court for relief. (See our earlier report<\/a><\/span>)<\/p>\n

\"\"<\/a>

Bishop of Jaffna,<\/p><\/div>\n

The Colombo Telegraph learns that writ case No. CA (Writ) 205\/2013 was supported today before Justice S. Sriskandaraja (President, Court of Appeal) by President’s Counsel K. Kanag-Isvaran with M. A. Sumanthiran, Viran Corea, Lakshmanan Jeyakumar and Niran Anketell. The respondents did not have themselves represented by any lawyers in court when the case was supported.<\/p>\n

After the petition was supported, the court ruled that the respondents should be noticed to appear on 27.08.2013 and make objections (if any) to the final reliefs asked for through the case.<\/p>\n

The forcible acquisition of an area of the Jaffna Peninsula equivalent to two-third of the entire city of Colombo has caused great heartburn, insecurity and concern among Tamils and has been condemned as a very bad blow to resolving the ethnic issue between the majority Sinhalese and minority Tamils.<\/p>\n

The Colombo Telegraph is now able to reveal the contents of the petition filed by the Roman Catholic Bishop of Jaffna which is as follows:<\/p>\n

IN\u00a0 THE\u00a0 COURT OF\u00a0 APPEAL OF THE DEMOCRATIC SOCIALIST\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 REPUBLIC\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 OF\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 SRI\u00a0 LANKA<\/strong><\/p>\n

In the matter of an application under Article 140 of the Constitution for Mandates in the nature of Writs of Certiorari and Prohibition<\/p>\n

Bishop of Jaffna,<\/p>\n

Diocese of Jaffna,<\/p>\n

Bishop\u2019s House,<\/p>\n

Jaffna<\/p>\n

Petitioner<\/p>\n

C A Writ Application No: 205\/2013<\/p>\n

Vs<\/p>\n

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A. Sivaswamy,<\/p>\n

Land Acquiring Officer \u2013 Jaffna District<\/p>\n

District Office,<\/p>\n

District Secretariat,<\/p>\n

Jaffna<\/p>\n

2.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Janaka Bandara Thennakoon,<\/p>\n

Minister of Lands and Land Development,<\/p>\n

Ministry of Land and Land Development,<\/p>\n

Mihikatha Medura,<\/p>\n

Rajamalwatta Avenue,<\/p>\n

Battaramulla<\/p>\n

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Land Survey Officer – Jaffna District,<\/p>\n

Land Surveyor\u2019s Office \u2013 Jaffna,<\/p>\n

Palaly Road,<\/p>\n

Tirunelveli,<\/p>\n

Jaffna<\/p>\n

Respondents<\/p>\n

On this 30th day of June 2013<\/p>\n

TO:\u00a0\u00a0\u00a0\u00a0 HIS LORDSHIP THE PRESIDENT AND THEIR LORDSHIPS THE OTHER JUDGES OF THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA \u00a0<\/strong><\/p>\n

The Petition of the Petitioner abovenamed appearing by\u00a0 his Registered\u00a0\u00a0 Attorneys states as follows:-<\/p>\n

1.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner is a body corporate in terms of section 2 of the Roman Catholic Archbishop Ordinance of 1906 as amended.\u00a0 The Petitioner owns lands located within the area described in the notices purporting to be in respect of section 2 of the Land Acquisition Act which appeared on or about 20th\u00a0 April 2013 on several trees in areas just outside the barricades on the Kankesanthurai Road at Tellipallai.<\/p>\n

A copy\/true copy of a purported notice under section 2 of the Land Acquisition Act signed by the 1st Respondent and affixed to a tree is annexed hereto marked \u2018P1\u2019 and pleaded as part and parcel hereof.<\/p>\n

2.\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0The Petitioner is directly and personally affected by the said purported notice as he owns separate and individual parcels of lands situated within the area described in \u2018P1\u2019.<\/p>\n

Copies of the Petitioner\u2019s available title documents to the said properties are annexed hereto marked \u2018P2(01)\u2019 to \u2018P2(55)\u2019 respectively and are pleaded as part and parcel hereof.<\/p>\n

3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The 1st Respondent is the Land Acquiring Officer for Jaffna and is principally responsible for issuing the purported notice more fully described hereinafter, and which the Petitioner seeks to challenge through the present application. The 2nd Respondent is the Minister for Lands and Land Development, under whose direction the 1st Respondent is empowered to issue notices under section 2 of the Land Acquisition Act, and who has issued the purported Orders in terms of Proviso [a] to section 38 and section 5 of such Act, which also the Petitioner seeks to challenge through the present application. The 3rd Respondent is the Land Survey Officer, Jaffna District who is empowered by the said notice to carry out certain functions.<\/p>\n

4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that on or about 20th\u00a0 April 2013, several notices in the Tamil language alone purporting to be notices under section 2 of the Land Acquisition Act were posted in the manner and place described in paragraph 1 of this Petition.<\/p>\n

5.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that the said purported notices were dated 27th April 2013, even though they were made several days prior to the date on the said notice!<\/p>\n

6.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that the said notices state in Tamil, inter alia, that \u2018one land in the schedule provided herein below is required for a public purpose\u2019 and describes the area subject to the purported notice to be 6381 acres, 38.97 perches and goes on to describe the reason for the supposed land requirement as \u2018Defence Battalion Headquarters [Jaffna]- Regularising handover of area on which High Security Zone [Palaly and Kankesanthurai] is established.\u2019<\/p>\n

7.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that the extent of the area indicated is a massive amount, constituting approximately 25.8 square kilometres. It is therefore more than two-thirds the entire land area on which Colombo City \u2013 which spans an area of 37.21 kilometres squared \u2013 is established.<\/p>\n

A copy of a map of the Colombo area with approximately 6384 acres depicted as the extent enclosed within three marker points is annexed to this Petition marked \u2018P3\u2019 and is pleaded as part and parcel hereof.<\/p>\n

8.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that the Petitioner owns substantial parcels of land that fall within the area specified in the purported notice \u2018P1\u2019 on which several churches were established, and which were used by the Diocese and Roman Catholic adherents within and around the area for religious worship and associated purposes. After the cessation of hostilities, those displaced from the areas inter alia specified in \u2018P1\u2019 were unlawfully and wrongfully prevented from returning to their lands, including by the erection of barbed wire fences and barricades manned by armed forces personnel. The clergy and adherents of the several churches hereinbefore alluded as well as the Petitioner were also prevented in like fashion from inhabiting the lands owned by the Petitioner and conducting their religious practices.<\/p>\n

9.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that the state security forces have continued for many years to remain in possession of the area indicated in \u2018P1\u2019. The Petitioner states that such possession is in violation of the law.<\/p>\n

10.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that on or about 15 May 2013, he became aware that a purported Order in terms of proviso [a] to section 38 of the Land Acquisition Act [as amended] and in respect of inter alia the Petitioner\u2019s lands had been issued by the 2nd Respondent and was gazetted in Gazette Extraordinary No. 1807\/23 of 26 April 2013. The gazette indicates that the purported Order was issued on 24th April 2013.<\/p>\n

A copy of Gazette Extraordinary No. 1807\/23 of 26 April 2013 is annexed to this Petition marked \u2018P4\u2019 and is pleaded as part and parcel hereof.<\/p>\n

11.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner further states that on or around 21st\u00a0 June 2013 he became aware that the 2nd Respondent has made a purported declaration under section 5 of the Land Acquisition Act dated 16th\u00a0 May 2012 which was gazetted on 28th\u00a0 May 2013.<\/p>\n

A copy of Gazette Extraordinary No 1812\/10 of\u00a0 28th\u00a0 May 2013 is annexed to this Petition marked \u2018P5\u2019 and is pleaded as part and parcel hereof.<\/p>\n

12.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that those displaced from areas in the Jaffna peninsula including from areas contained in \u2018P1\u2019 yearn to return to their traditional lands and homes and entertain a legitimate expectation of being permitted to realise their right to resume and\/or enjoy their links to their lands in the Northern Province. The Petitioner states that in all the relevant circumstances, any programme of action to exclude them from their traditional lands to which they have not given up the intention to return, and which they long to use and enjoy is extremely arbitrary and unreasonable.<\/p>\n

13.\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0The Petitioner is advised and state that in the circumstances, the taking of steps to issue a purported notice under Section 2 and\/or under Section 38 Proviso A of the Land Acquisition Act (as amended) is arbitrary and unreasonable.<\/p>\n

14.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0The Petitioner further states that where such a large extent of land (approximately 25.8 square kilometres\/6381 acres) of land is intended to be acquired, resulting in mass dispossession of persons from their traditional lands with which even the distinct personal Laws recognise as central to their ethno-cultural identity requires, in order for any steps under Section 2 of the Land Acquisition Act to be \u2018reasonable\u2019, the following steps require to be taken:<\/p>\n

(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 There must be proper and adequate disclosure of the precise reason(s) for such proposed dispossession to be effected, in as much as the purported \u2018reason\u2019 set out in the impugned purported notice under Section 2 of the Land Acquisition Act, so that precise objections thereto could be made by the Petitioner and others similarly affected;<\/p>\n

(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner and others similarly affected ought to be adequately informed of the reason as to why such a large extent of their traditional lands is sought to be acquired to the detriment of the Jaffna Tamil community\u2019s links to their traditional lands, particularly in the context of a cessation of armed conflict in the island for many years; and<\/p>\n

(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner and others similarly affected ought to be informed of any purported reason for proposed acquisition, in a manner that would enable and permit them to state their precise objections, including implications to their personal laws, traditional rights and various aspects pertaining to their respective properties.<\/p>\n

15.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that the failure and\/or refusal to properly and adequately inform him of the precise reason for the acquisition of their lands under Section 2 of the Land Acquisition Act, has denied him the ability to make proper objections to the purported acquisition of his respective lands.<\/p>\n

NO PUBLIC PURPOSE<\/strong><\/p>\n

16.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that the purported notices \u2018P1\u2019 are unlawful in that the said notices refer to \u201cregularising handover of area on which High Security Zone [Palaly and Kankesanthurai] is established\u201d despite the lands within the area specified in the notice not forming part of any High Security Zone recognised by law.<\/p>\n

17.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that in any event, with the lapse of the state of emergency in 2011, all previously existing High Security Zones established by Emergency Regulations also ceased to exist.<\/p>\n

18.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states, therefore, that no public purpose is served by the acquisition of any land in the Jaffna peninsula for regularising \u201chandover of area on which High Security Zone is established,\u201d since no such Zones ever existed or continue to exist.<\/p>\n

INTERNAL INCONSISTENCY AND INCONSISTENCY WITH SECTION 4 OF THE LAND ACQUISITION ACT<\/strong><\/p>\n

19.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that while paragraph 1 of the purported notice \u2018P1\u2019 states that the Minister has directed that \u201ca land\u201d in the \u201carea\u201d indicated in the Schedule is necessary for a public purpose, paragraph 3 which sets out the purpose of the intended acquisition states \u201cDefence Battalion Headquarters [Jaffna] – Regularising handover of area on which High Security Zone [Palaly and Kankesanthurai] is established.\u201d<\/p>\n

20.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0The Petitioner states further that while paragraph 1 of the purported notice \u2018P1\u2019 states that the Minister has directed that \u201ca land\u201d in the \u201carea\u201d indicated in the Schedule is necessary for a public purpose, paragraph 2 which contains such Schedule describes the area contained in such schedule as \u201ca land\u201d.<\/p>\n

21.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Thus and otherwise, paragraph 3 of \u2018P1\u2019 indicates that the entirety of the land described in the schedule would be acquired for the purposes set out therein.<\/p>\n

22.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Thus, the Petitioner states that paragraph 1 of \u2018P1\u2019, which indicates that \u201ca land\u201d within the area indicated in the schedule is necessary for a public purpose, is inconsistent with paragraph 2 of \u2018P1\u2019 which identifies the entirety of the area contained in the schedule as \u201ca land\u201d.<\/p>\n

23.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Further, the Petitioner states that paragraph 1 of \u2018P1\u2019 which indicates that \u201ca land\u201d within the area indicated in the schedule is necessary for a public purpose, is also inconsistent with paragraph 3, which indicates a purpose that by necessary implication contemplates the acquisition of the entire area referred to in paragraph 1 and 2, and not merely \u201ca land\u201d within such area.<\/p>\n

24.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Thus and otherwise, the Petitioner is advised to state that \u2018P1\u2019 is self-contradictory in nature, and is therefore irrational, unreasonable, arbitrary and capricious.<\/p>\n

25.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that section 4 of the Land Acquisition Act contemplates only a \u201cparticular land\u201d within the larger area indicated in a section 2 notice being acquired. Therefore, since paragraphs 2 and 3 of \u2018P1\u2019 indicate that the entire area indicated in the said notice is to be acquired, the Petitioner is advised to state that these paragraphs \u2013 and consequently \u2018P1\u2019 in its entirety \u2013 are inconsistent with and ultra vires section 4 of the Land Acquisition Act.<\/p>\n

PARAGRAPH 4 UNREASONABLE AND EVIDENCES INTENTION TO EVADE STATUTORY OBLIGATION TO PROVIDE SECTION 4 NOTICES TO OWNERS<\/strong><\/p>\n

26.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that paragraph 4 of \u2018P1\u2019 states \u201cPerson claiming ownership over the land: cannot be identified\u201d.<\/p>\n

27.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Without prejudice to the claim that only \u201ca particular land\u201d may be acquired through the process set out in the Land Acquisition Act and not an entire area within which such land is situated, the Petitioner states that there are many thousands of owners \u2013 including the Petitioner \u2013 of the numerous parcels of land situated within the approximately 6381 acres\/25.8 square kilometres specified in paragraph 2 of \u2018P1\u2019.<\/p>\n

28.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner has repeatedly interacted with State functionaries formally and informally and is easily identifiable, being the Bishop of Jaffna and the statutorily sanctioned owner of Diocesan properties. Further, many displaced landowners have been listed by the State as \u201cdisplaced\u201d and consequently received state support while in \u2018welfare camps\u2019. The Petitioner further states that a large number of the displaced landowners consequent to their being refused permission to return to their lands yet languish in these \u2018welfare camps\u2019 established by the State.<\/p>\n

29.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states therefore that it is patently unreasonable for the 1st Respondent to now claim that all of the owners of the several thousands of plots of land situated within the area specified by the Schedule are unidentifiable.<\/p>\n

30.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner state that he reasonably apprehends that the claim in paragraph 4 of \u2018P1\u2019 is an attempt to evade the statutory duty imposed by section 4 of the Land Acquisition Act which states that:<\/p>\n

\u201cWhere the Minister considers that a particular land is suitable for a public purpose \u2026. he shall direct the acquiring officer of the district in which that\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 land is situated to cause a notice in accordance with subsection (3) to be\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 given to the owner or owners of that land and to be exhibited in some\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 conspicuous places on or near that land\u201d<\/p>\n

NON-COMPLIANCE WITH MATERIAL STATUTORY PROVISIONS<\/strong><\/p>\n

31.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that section 2(2) of the Land Acquisition Act specifies that the notice referred to in subsection (1) shall be in the Sinhala, Tamil and English languages.<\/p>\n

32.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0The Petitioner states however that the failure of the 1st Respondent to publish \u2018P1\u2019 in all three languages, and only in the Tamil language, amounts to non-compliance with material statutory provisions, and is therefore illegal.<\/p>\n

33.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that in light of the foregoing, the purported notice under section 2 of the Land Acquisition Act marked \u2018P1\u2019 was occasioned by mala fide, illegal and improper considerations; does not evince a public purpose; is internally contradictory and therefore irrational, unreasonable, arbitrary and capricious; is ultra vires the Land Acquisition Act; evidences an intention to evade statutory obligations to provide notices to owners under section 4 of the Land Acquisition Act; and does not comply with material statutory provisions. Thus, otherwise, the purported notice \u2018P1\u2019 is illegal, void ab initio, and of no force or effect in law.<\/p>\n

UNLAWFULNESS OF \u2018P4\u2019 AND \u2018P5\u2019<\/strong><\/p>\n

34.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that, in light of the above, \u2018P4\u2019 and \u2018P5\u2019 are illegal, void ab initio, and of no force or effect in law for the reason that \u2018P1\u2019 is illegal, void ab initio, and of no force or effect in law.<\/p>\n

35.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states in addition that an Order under proviso [a] to section 38 of the Land Acquisition Act [as amended] may be made only \u201cwhere it becomes necessary to take immediate possession of any land on the ground of any urgency, at any time after a notice under section 2 is exhibited for the first time in the area in which that land is situated or at any time after a notice under section 4 is exhibited for the first time on or near that land.\u201d<\/p>\n

36.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that the state security forces were already and continue to be in possession, albeit unlawfully, of the area specified in the purported Order \u2018P4\u2019. Therefore, the Petitioner states that as a matter of logical construction and law there can be no necessity for any person to take immediate possession of such lands on behalf of the State, as the State is already in possession of such lands.<\/p>\n

37.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner is advised to state that proviso [a] to section 38 applies in cases where the land or lands concerned are not in the possession of the State. It is thus plainly inapplicable in cases where the State is already in possession of private lands.<\/p>\n

38.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner states that the purported Order \u2018P4\u2019 was ostensibly not issued for the reasons permissible by law and that it was in fact issued to deny the Petitioner and other displaced landowners recourse to rights and protections that would are afforded to persons in respect of their lands in cases of land acquisition where proviso [a] to section 38 is not invoked.<\/p>\n

39.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Therefore, the Petitioner states that the purported Order \u2018P4\u2019 is ultra vires section 38 of the Land Acquisition Act, and was occasioned by mala fide considerations. Thus and otherwise, the purported Order \u2018P4\u2019 and purported declaration \u2018P5\u2019 are ultra vires, unreasonable, offensive of the Principle of Proportionality, preceded by effective disregard for the Principles of Natural Justice, irrational and unfair. They are therefore unlawful, void ab initio, and of no force or effect in law.<\/p>\n

40.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner further states that, grave and irreparable loss, harm and damage would be caused to the Petitioner and to the several owners of the thousands of plots of land situated within the area specified in the Schedule to the purported notice \u2018P1\u2019, purported Order \u2018P4\u2019 and purported declaration \u2018P5\u2019 unless the Respondents are restrained from continuing to act upon the purported notice \u2018P1\u2019, purported Order \u2018P4\u2019 and purported declaration \u2018P5\u2019. The Petitioner further states that implementation of the said purported notice and the said purported Order and declaration will seriously compromise and erode the rule of law and statutory safeguards. Accordingly, the Petitioner states that unless the interim reliefs prayed for in this Petition are granted, the final reliefs prayed for in this Petition would be rendered nugatory.<\/p>\n

41.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0The Petitioner makes this application on the limited material available by reason of the time constraints imposed by the urgency of seeking the reliefs prayed for. Hence the Petitioner respectfully reserves the right to furnish such further material and\/or add such other parties and\/or effect such amendments to the Petition as subsequent revelations, disclosures and\/or developments may necessitate.<\/p>\n

42.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Petitioner has not previously invoked the jurisdiction of Your Lordships\u2019 Court in respect of this matter.<\/p>\n

43.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Affidavit of the Petitioner is appended hereto in support of the averments contained herein.<\/p>\n

WHEREFORE the Petitioner respectfully prays that Your Lordships\u2019 Court be pleased to grant and issue:<\/p>\n

a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0Notice on the Respondents;<\/p>\n

b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 An interim order preventing the Respondents, their servants and agents from taking any steps based on or in reliance upon the purported notice published under Section 2 of the Land Acquisition Act as amended \u201cP1\u201d until the hearing and final determination of this application;<\/p>\n

c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 An interim order preventing the Respondents, their servants and agents from taking any steps to give effect to and\/or act upon the purported Order published under Section 38 Proviso A of the Land Acquisition Act as amended \u201cP4\u201d until the hearing and final determination of this application;<\/p>\n

d)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 An interim order preventing the Respondents, their servants and agents from taking any steps to give effect to and\/or act upon the purported Declaration \u201cP5\u201d until the hearing and final determination of this application;<\/p>\n

e)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A mandate in the nature of a writ of certiorari quashing the purported notice under section 2 of the Land Acquisition Act [as amended] \u201cP1\u201d;<\/p>\n

f)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A mandate in the nature of a writ of certiorari quashing the purported Order under Section 38 Proviso A of the Land Acqusition Act [as amended] \u201cP4\u201d;<\/p>\n

g)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A mandate in nature of a writ of certiorari quashing the purported declaration \u201cP5\u201d;<\/p>\n

h)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A mandate in the nature of a writ of prohibition preventing the Respondents, their servants and agents from acting under and\/or giving effect to the purported notice under Section 2 of the Land Acquisition Act [as amended] \u201cP1\u201d;<\/p>\n

i)\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0A mandate in the nature of a writ of prohibition, preventing the Respondents, their servants and agents from acting under and\/or giving effect to the purported order published under Section 38 Proviso A of the Land Acquisition Act as amended \u201cP4\u201d;<\/p>\n

j)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A mandate in the nature of a writ of prohibition preventing the Respondents, their servants and agents from acting under and\/or giving effect to the purported declaration \u201cP5\u201d;<\/p>\n

k)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 An order for costs; and<\/p>\n

l)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 An order for such further and other reliefs as to Your Lordships\u2019 Court shall seem meet.<\/p>\n

ATTORNEYS-AT-LAW\u00a0 FOR THE PETITIONER<\/p>\n

 <\/p>\n

Related posts;<\/p>\n

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1474 Northern Tamils Petition Appeal Court To Help Prevent Grab Of Their Homes By Rajapaksa Regime<\/a><\/strong><\/span><\/p>\n

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Jaffna Tamils Land Grab FR cases: Justice Sripavan Advices DSG how to Grab Lands Correctly<\/a><\/strong><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

[…]<\/p>\n","protected":false},"author":22,"featured_media":96142,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,2187,1,6969,2375],"tags":[],"class_list":["post-96139","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-colombotelegraph","category-most-popular","category-news","category-popular-stories","category-stories"],"yoast_head":"\nJaffna Tamils' Land Grab - Appeal Court Notices Respondents To Appear On 27.08.2013 In Writ By Catholic Bishop Of Jaffna Against Grab By Rajapaksa Regime - Colombo Telegraph<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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