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CA restrains eviction of Kandy businessman by UDA

by Kumar Wethasinghe

The Court of Appeal yesterday issued a stay order until January 28, 2003 restraining the operation of the directions by the Urban Development Authority (UDA) and its Director (Central Province), to evict 30 petitioners who are businessmen occupying Sri Wickrema Rajasinghe Mawatha Shopping Complex Kandy from their premises to pave way for the proposed Asian Development Bank funded car park.

The Bench comprised Justices Shirani Thilakawardena and T. Wijayaratne.

Through their Counsel W.D. Weeraratne, petitioner Farisdeen Mohamed Yusuf and 29 other petitioners had submitted to Court that the UDA allocated the Sri Wickrema Rajasinghe Mawatha shopping complex Kandy. Each petitioner had also deposited Rs 15,000 as required by the UDA. Later while doing business at the premises on or around September 21,1994, the UDA affixed a notice prohibiting the petitioners from doing business. The petitioners sought a Writ of Certiorari to quash the order.

When the matter came up for argument, the respondents admitted that the petitioners were in possession of the premises.

Accordingly the Court of Appeal ordered that in case the petitioners were to be evicted from the premises, the responsdents will have to take action.

However on 2 October 2002 the petitioners received letters from the UDA (CP) Director directing the petitioners to vacate the premises before 31 October 2002.

The petitioners pleaded that the respondents had acted without having recourse to law as directed by the Court of Appeal judgement and in contempt of the Court of Appeal judgement of July 19, 1995. They further seek a Writ of Certiorari quashing the UDA direction to evict them and to grant interim relief staying the operation of the directions of the respondents.

Manohara de Silva and W.D Weeraratne with G.W.C Bandara appeared for the petitioners. Notice to be issued on respondents returnable January 27.

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