ASG raises objections to Fonseka’s Writ Application

Takeover of land



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By Chitra Weerarathne


Additional Solicitor General Dilnakshi Wickremasinghe PC, yesterday raised a preliminary objection in the Court of Appeal to the Writ application filed by General SarathFonseka, against the Minister of Lands and the Urban Development Authority.


The ASG said that the land given to General Fonseka at Narahenpita had been acquired under the Urban Development Special Act and not under the Land Acquisition Act by the Minister as claimed by Fonseka. The petitioner should therefore apply to the Supreme Court and the Court of Appeal had no jurisdiction to hear his Writ Application.


The Counsel for the petitioner, consequently, wanted the preliminary objection, to be submitted in writing.


The Court of Appeal fixed the next date of calling of this petition for June 18, 2014. The respondent Minister of Lands, and the UDA were given time till then to file their objections.


The petitioner complained that the 25 perches of land given to him at a reduced price, had been acquired, on the pretext of using it for public utility purposes. He was not notified of this acquisition. The other two commanders had been told to give letters to the effect that they would like to have, land at some other place, after giving their land over for public utility purposes. But, he had not been contacted. The land was to be publicly auctioned shortly.


He said that the practice was unreasonable and wanted the court to restrain the respondents from taking further action.


The petition was supported by Counsel Channa Galappaththi, appearing with Piumi Wickremasinghe. The bench comprised Justice Chandra Jayatillake.


 
 
 
 
 
 
 
 
 
 
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