Wednesday, 10 March 2004 |
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by Indeewara Thilakarathne The Court of Appeal yesterday issued a stay order against the Minister of Lands Rajitha Senaratne restraining him from acquiring the petitioners' lands to widen the road network in Gampaha District under the Gampaha Town Development Project. The order is operative till March 23,2004. The case came up before Justice K. Siripavan. In this case, the petitioners Thusita Tiwanka Kottachchi and Fedrick Kottachchi have cited the Minister of Lands Rajitha Senaratne as respondent. The petitioners submitted that the plot of 8.5 perches of land of 23 Mangala Road, Gampaha and now of 37 Market Lane, Gampaha (the same land) was acquired by the Gazette dated July 24, 2003 to widen the road network in the Gampaha District under the Gampaha Town Development Project. The petitioners state that in 1983 they constructed a building in the said land for their business "Sinha Giri" Pvt Ltd and that the building was further developed at a cost of 1,500,000 obtained as a loan from Hatton National Bank. The petitioners further submitted that in spite of donating 0.0086 hectares from the said land to the Government for the expansion of the road, the defendant requested the whole land to be acquired for the project. The petitioners pray that notice be issued on the respondent and issue writ of certiorari against the Gazette notification by which the acquisition was made and an interim order against the operation of the said acquisition. They also pray for a writ to annul all the documents hitherto issued in connection with the acquisition. |
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