Petition against UDA, Def. Secy. dismissed

By Chitra Weerarathne

The Court of Appeal on Wednesday (27), upheld the preliminary objections taken by the Urban Development Authority, its Chairman and Director General and the Secretary Defence and dismissed a petition filed by Nimal R. Perera, a UNP member of the Western Provincial Council.

The petitioner had asked for a writ to quash a decision of the aforesaid respondents, conveyed to him by letter dated June 6, 2012, which said that the petitioner could not have any constructions done on the low lying land, at Pattiyage Kumbura down Hokandara Road, Thalawathugoda.

The letter had said that the construction done so far should be demolished and the land brought back to the state it was in during 2001/2002. The petitions had said that those constructions were now eleven years old and the decision of the UDA was unreasonable.

The respondents took up the preliminary objection that a case in that respect was being heard in the District Court, which had issued an enjoining order against the constructions. That order was valid till the District Court case was finally determined. The respondents said that the petitioner had sought a writ against a case which was partly heard in the District Court. Hence, the petition was premature and could not be maintained.

The petitioner consequently withdrew the petition, which was then discussed by the Court of Appeal.

The respondents are the UDA, its Chairman Nimal Perera, Director General Nihal Fernando, Secretary Defence Gotabhaya Rajapaksa and the Attorney General.

Faizer Mustapha appeared with Shantha Jayawardene and Isum Balapatabandi, instructed by Sanjeewa Kaluarachchi for the respondents.

Wijeyadasa Rajapakse PC, appeared for the petitioner.

The Bench comprised Justices S. Sriskandaraja (President) and Deepali Wijesundera.

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