The Court of Appeal yesterday suspended a
decision taken by the District Engineer, Colombo Municipal
Council, to demolish buildings constructed on the pavements, in
Colombo 15, within seven days from August 26, 2006. The court
issued notice on the Colombo Municipal Commissioner and the
District Engineer to be present in Court on September 22, 2006,
in respect of a petition filed by eight persons, who had
constructed trade stalls, along the pavements, in Sirimavo
Bandaranaike Mawatha, Colombo 15.
The petitioner had said that they had
constructed stalls, with the permission of the Municipal
Commissioner, in March 2006. The petitioners had made due
payments to the Colombo Municipal Council. But on August 26,
2006, the District Engineer had notified the petitioners to
vacate and/or demolish the stalls, since the space was needed to
widen the road.
The petition said that no inquiry had been
conducted by the CMC, prior to taking this decision, which they
said was mala-fide and arbitrary. The petitioner
requested the Court to quash the aforesaid decision. The Court
suspended the operation of this decision fill September 22,
2006, the next date of calling of the case.
The petition was supported by Hiran de Alwis,
appearing with C. Jayamaha, The Bench comprised Justice K.
Sripavan.