Court of Appeal to take up Wanathamulla eviction case as urgent matter
Saturday, 20 September 2014 00:08
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The Court of Appeal has decided to take up the case of residents from 34 Watta in Wanathamulla as an urgent matter after the UDA attempted to demolish homes in the area on Thursday despite the pending court case.
In the case filed by four residents from 34 Watta in Wanathamulla (CA Writ 283/2014) against the Urban Development Authority and other actors challenging the directive issued by the UDA ordering them to move from their homes to an alternative location, the Court of Appeal yesterday heard the matter and listed it to be taken up on Monday (22) as an urgent matter.
Notices have been served on respondents and the Court of Appeal has also instructed papers to be served on the Attorney General’s Department.
The Centre of Policy Alternatives said that on Thursday (18), that Brigadier Samarasinghe, who is the Project Director of the UDA’s Urban Regeneration Program, accompanied by several other UDA officials, police and demolition equipment turned up at 34 Watta and informed the residents of imminent evictions and the destruction of their homes.
The CPA, which has supported the application by the Wanathamulla residents, said most residents of 34 Watta had already left their homes for good and the only residents that were remaining in 34 Watta were the ones who filed a writ application in the Court of Appeal against the Urban Development Authority.
Brigadier Samarasinghe is cited as the 3rd respondent in the case.
CPA notes that these residents, and most of those who left previously, have deeds to their houses, some even dating back to 1979.
“Their own houses are bigger than the new apartments being offered to them and the compensation amount proposed by the UDA was unacceptable.
More importantly, the Government had not served a Section 2 notice under the Land Acquisition Act (as this is private land) in order to acquire the land in adherence to the present legal framework and had done so thus far through intimidation and a process that makes the relocation look voluntary on paper,” the CPA charged.
Two Police complaints were made at the Borella Police Station by the petitioners this evening – on the intimidation and threats by UDA officials and in light of the case filed the attempts by the UDA to demolish their houses, the organisation said.
