The Land Reform Commission Act No. 01 (LRC Act) which came into effect in 1972 introduced a ceiling on Agricultural Lands and vested all such Lands on the Land Reform Commission (LRC). With this nationalization of Agricultural Lands, the management of such lands was somewhat broad based and therefore was handed over to number of government managing organizations.
The Janatha Estates Development Board (JEDB) was established under the State Agricultural Corporations Act No: 11 of 1972 and vested some of the said lands on the JEDB in 1985 making an order under the section 27A(1) of the LRC Act by an Extra Ordinary Gazette Notification signed by Mr. J.R.Jayawardena, the President.
The management structures of the JEDB was decentralized through a system of 05 Regional Boards thus granting freedom and decision making powers to the regions with a view of improving the productivity.
The Chilaw Plantations Limited (CPL) was established making an order under the section 2 of the Conversion of Public Corporations or Government Owned Business Undertakings into Public Companies Act No. 22 of 1987 (CPCGOBUIPC Act) by the Extra Ordinary Gazette Notification No. 718/16 dated 11-06-1992 signed by the Registrar of Companies.
As per the section 3(1) of the CPCGOBUIPC Act, the Janatha Estates Development Board (V) was vested absolutely on the Chilaw Plantations Limited on 11-06-1992.
Further all the lands managed by the JEDB (V) were leased out to the CPL by the Indenture of Leases signed for 99 & 53 years as applicable.
The following proof that the LRC has no right what so ever to express any right on the lands vested with the JEDB under the under the section 27A(1) of the LRC Act as per the Extra Ordinary Gazette Notifications signed by Mr. J.R.Jayawardena, the President in 1985.
1. Attorney General’s letter No. E/316/2002 dated 13-11-2002
2. Attorney General’s letter No. E/13/2004 dated 02-12-2004
3. Attorney General’s letter No. E/220/2004 dated 10-02-2005
4. Letter No. MPI/3/2/9/8 dated 02/03/2005 addressed to the Chairman, Land Reform Commission under the section 47(1) of the LRC Act by the Minister of Plantation Industries
5. Letter No. E/316/2002 & E/220/2004 dated 10-02-2005 addressed to the Secretary, Ministry of Plantation Industries by the State Counsel.
6. Letter No. MPI/3/2/9/8 dated 11-03-2005 addressed to the District Secretaries by the Secretary of the Ministry of Plantations with a copy to the Chairman, LRC
7. C.A. (Write) Application No. 657/2011 - Kelani Valley Plantations PLC
8. C.A. (Write) Application No. 858/2009 - Balangoda Plantations PLC
9. 2913/SPL Negombo DC – Divisional Secretary, Katana
10. WP/HCCA/NEG/63/2017(F) – Civil Appellate High Court/Negombo
