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| Saturday, 27 September 2003 |
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Galle Fort property acquisition withdrawn The writ application filed by Fathima Azmiya Bawa (nee Hafeel) in connection with a land acquisition in Galle Fort was withdrawn before the Court of Appeal as the land and premises has been divested in her favour by an extraordinary gazette notification No. 1296/32 of 11th July, 2003. Counsel Faiza Marker for the petitioner moved to withdraw this application and she reserved her right to pursue the matter by way of a fresh application. Eva Wanasundara, Deputy Solicitor General submitted that the respondents have decided to abandon the acquisition proceedings initiated in respect of the petitioner's land and premises. The Bench comprised Justice K. Sripavan. The respondents cited were the former Minister of Agriculture and Lands D. M. Jayaratne, Deputy Director Lands and Divisional Secretary, Galle. The petitioner said this land and premises are her ancestral property and the only house owned by her. She said the said land and property was gifted to her by her late father S. M. H. Abdul Haffeel. She said on November 1995 the 3rd respondent published a notice to acquire the said land and premises without stating any public purpose, and it was found out that the said lands were being acquired for the expansion of All Saints Madya Maha Vidyalaya. Ms. Bawa in her petition said that the school is situated five blocks away from her premises and there are other vacant properties in between the school and the said land and premises. Furthermore there is a newly constructed two storeyed building at the said school. Ms. Bawa said that in 1966 the said land and the premises were rented out to the late Dr. D. D. Perera who operated a nursing home and a clinic under the name of Sri Lanka Nursing Home. After the demise of the doctor, the petitioner took peaceful vacant possession of the said land and premises in November, 1999. The petitioner stated that from January 1, 2000 the said land and premises were being utilised to provide education and accommodation to female orphaned students under the name of "Muneera Arabic College" registered under the Department of Muslim Religious and Cultural Affairs. Ms. Bawa states that she discovered that the first respondent purporting to act under and in terms of proviso (a) to Section 38 of Land Acquisition Act had made an order on 16th November, 1999 vesting the land and premises in the State. The petitioner states that no notice was given to her and in terms of Section 42 of the Land Acquisition Act which requires that a notice of at least 48 hours be given to the petitioner of the intention to take possession. On the 17th January 2000 the Court of Appeal granted a stay order against the respondents. Faiz Mustapha, PC, Faiza Marker and Gasten Jayakody, Attorney-at-Law appeared for the petitioner. The petitioner further states that in terms of a guideline made under Section 23 (1) of the UDA Act 1978 declaring Galle Fort as a special regulatory area by a extraordinary gazette notice of 7th August, 1997. UNESCO also declared it a World Heritage Site in 1998. It is to be developed as a cultural and a tourist location. Ms. F. A. Bawa said in the circumstances she believes that the said acquisition is arbitrary, capricious and unreasonable and constitutes a gross abuse of powers and discretion. She stated that the decision to acquire her land and property was mala fide, unreasonable and unjust, having been actuated by a collateral purpose. |
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