A group of residents from ‘34 Watte’ Wanathamulla, Borella has filed a case in the Court of Appeal today against the Urban Development Authority (UDA), challenging the institution’s directive that has ordered them to move out of their homes to pave way for the rapid beautification projects of the Colombo city.
Gotabaya – Secretary to the Ministry of Defence and Urban Development
Four petitioners from ’34 Watte’ – L. P. B. Nissanka, W. K. Thusitha Samith, K. A. Gunaratne and Samaradeera Samakanthi has filed their case under {CA (Writ 283/14)}, pointing out the UDA order has been issued to them in violation of the Land Acquisition Act and is also given out against a backdrop of unreasonable alternatives offered to them by the UDA in the forms of unfair compensation and low quality accommodation.
Making their case the petitioners have pointed out that they possess title deeds to their present lands dating back to 1979, which indicates the UDA is acting outside the legal framework available in the Land Acquisition Act when acquiring private land.
It has been highlighted in the case furthermore that these attempts of the UDA to forcibly evict residents of ’34 Watte’ is in violation of the undertaking made by the UDA in March this year before the Human Rights Commission of Sri Lanka where its officials had agreed that no person would be moved from their residence without their consent.
Citing reasons behind the decision to challenge the UDA directive, the petitioners have asserted that the UDA has severely undervalued their properties and that the only proposal provided by the UDA presently as alternative accommodation is much smaller in size to their existing property and requires those being evicted to pay a significant sum of money for a period of 20 years.
Listing out the following reasons, the petitioners have requested the Court of Appeal to consider quashing the decision to forcefully evict them and to prohibit the UDA or its agencies or representatives from acting in any manner that would be prejudicial and or/interfere with the petitioners’ peaceful and quiet possession of their property.
Read the petition here
Manel / August 20, 2014
The will be threatened, intimidated, or paid off. This is how the Goat operates.
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Guta / August 21, 2014
SORRY BRO, SMALL CORRECTION “WHITE VANNED OR THREATENED” ONLY
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Ponkoh Sivakumaran / August 21, 2014
No need for that. The Mighty Lordships of the Sri Lankan Courts will decide appropriately, dispensing justice as Gota demands.
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Javi / August 21, 2014
Island run by a single cooperation- just like cpc chino.
put up or shut up!
all in camera!
non iudice/sub iúdice.(^|^)
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Rohan / August 21, 2014
Buahahaha…. Which Judge dares? Who will guarantee their lives, let alons jobs, after making a decision against Gotabhaya??
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Ali Baba Sabry / August 21, 2014
Wanathamulla fellows….ha. Last time they had only their walls broken. This time, theyll have their bones broken.
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Snowden Edward Assange / August 21, 2014
Good start.. BUT who will represent the 34 watte clients? Glad to note some people have the spine to stand up to POWERFUL DUAL citizens..has to be someone with ethics or only a lawyer affiliated to the UNP or the current opposition. anyone else would be threatened or white vanned.. A copy of this should also be made available to the UNHCR for their kind perusal…
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Eusense / August 21, 2014
“Making their case the petitioners have pointed out that they possess title deeds to their present lands dating back to 1979”
They got possession of the tittle deeds, how? Bought or free from the then Gov?
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paul / August 22, 2014
This type of activities are happening all over the world – development activities for the public good at the expense of individual interest- gota or no gota. Affected parties of course have the right to object if necessary through the court system. Hence to me this is a non-event. Read it digest it comment if you feel like, but do not try to make political capital out of it.
http://en.m.wikipedia.org/wiki/East_West_Link,_Melbourne
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Punyasri Ponna / August 22, 2014
If this government comes in to power again,We Sri lankans are the dumbest idiots in this whole earth. Not a single person should vote for these idiots who have destroyed the independent judiciary, democracy, robbed billions, creating impunity to thier family idiots and close associates to rape, rob, threaten.
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Ebola da Silva / August 27, 2014
Hold it,what made the best friend say that MARA cannot contest the third time and if does so it will have to be in or after Nov 2016, that also after the parliamentary elections.Why did the best friend venture to say this, after he was consulted to draft amendments to the constitution? Why did MARA suddenly go to US.
My guess is Navipillai’s will come to SL and collect the evidence first hand or they will come to India and India WILL PROVIDE BOATS.The same way that MARA appointed a Commission with foreign observers, without informing the Cabinet.
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