Thursday Nov 21, 2024
Thursday Nov 21, 2024
Monday, 25 October 2021 03:59 - - {{hitsCtrl.values.hits}}
Lanka Realty Investments PLC Group has regained the 214-perch land at Darley Road, Colombo 10 following an interim order given by the Supreme Court last week.
Oak Street Ltd., a subsidiary of real estate investor and developer LRI, being the developer of the land at Darley Road, filed a Fundamental Rights application against inter alia the National Housing Development Authority (NHDA), its Chairman Duminda Silva and certain other officers, alleging a violation of the Fundamental Rights of the Petitioners guaranteed under Article 12(1) of the Constitution.
On 18 October, the case bearing number S.C.F.R. Application No. 288/2021 was taken up for Support for Leave to Proceed and Interim Orders before a bench of the Supreme Court consisting of Chief Justice Jayantha Jayasuriya, Justice E.A.G.R. Amarasekara, and Justice A.H.M.D. Nawaz.
Navin Marapanan PC with Nandapala Wickramasooriya and Uchitha Wickremesinghe, instructed by Sarravanan Neelakandan Law Associates, appeared for the Petitioners. Chandaka Jayasundere PC with Pulasthi Rupesinha appeared for the NHDA and its officers. The Attorney General appeared for the IGP and other Police officers. The case stands fixed for argument on 2 February 2022.
Following the court order, the NHDA has handed back possession of the land at Darley Road earmarked for a mixed development by Oak Street on Friday.
Having heard the Counsels’ submissions, the Supreme Court Bench made the following Order: “The Court is inclined to grant leave to proceed on Article 12(1) and also the Court is inclined to grant an interim order as prayed for in prayer ‘h’ of the petition dated 22/09/2021 and to maintain the status quo until final determination of this Court on this matter or a competent Court of Jurisdiction by way of legal proceedings decides to grant an interim relief or final relief in regard to the legal rights of the parties.”
Prayer “h” of the Petition reads as follows: By way of an interim order direct the first to eighth Respondents that the status quo that prevailed with regard to the said Land, vis-à-vis these Petitioners prior to 19 September 2021 be restored forthwith pending the final hearing and determination of this application and/or direct the first to eighth Respondents to restore the possession of the first Petitioner of the said land described in the schedules hereto, pending the hearing and final determination of this application.
