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| Saturday, 14 February 2004 |
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SC restrains UDA from executing galle face lease deal by Wasantha Ramanayake The Supreme Court yesterday restrained the Urban Development Authority (UDA) from executing the lease agreement in connection with the Galle Face Green entered between the UDA and the EAP Group of Companies until the final determination of rights application filed by a non governmental organisation. The order was a sequel to an application filed by the petitioner, Environmental Foundation Ltd, a non-governmental organisation monitoring State Departments and regulatory agencies. The Bench comprised Chief Justice Sarath N. Silva PC and T. B. Weerasuriya and Nihal Jayasinghe. The Chief Justice observed that the respondents could not "just hand over" the documents when the issue was before the court, but the failure of the respondents to furnish with the contents of the lease agreement requested by the petitioner was an executive and administrative action and if they were found to be responsible for the infringement of the petitioners rights, they would be legally dealt with. He made the observations when the counsel for EAP Group of Companies finally expressed his willingness to hand over the documents. He observed that Galle Face Green was a public trust which could not be leased out. Recalling to its history, he noted that Colonial Governor Henry Ward dedicated it to ladies and children. Counsel Ruana Rajapakse for the petitioner submitted that she was aware that Galle Face Green, a best known public amenity in Colombo, had been leased out to the second respondent group of companies by the UDA for two years for an aggregated rental of Rupees nine million. The counsel submitted that the second respondent had planned certain activities such as theme nights that included screening of movies and musical and fashion shows. The petitioner stated that in terms of the agreement, the second respondent, EAP Group would collect the revenue although the UDA would continue to maintain the Galle Face Green at its cost. She submitted that the petitioner requested the copies of the lease agreement and the order vesting Galle Face Green in the first respondent, which they had failed to furnish in violation of its Fundamental Rights. The Counsel submitted that petitioners could not verify certain claims made by the first respondents with regard to the continuance of the traditional amnesties of Galle Face Green for the public's benefit without seeing the lease agreement. The counsel contended that respondents had surreptitiously entered into the agreement. The petitioner cited the UDA, Chairperson of the EAP Group of Companies and the Attorney General as respondents. Ruana Rajapakse appeared for the petitioner. Hearing was fixed for June 7. |
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