Fundamental rights application filed against lease out of 12 SPC estates

BY WASANTHA Ramanayake

SEVERAL superintendents, acting superintendents and assistant superintendents filed a Fundamental Rights application in the Supreme Court against the lease out of 12 estates belonging to the State Plantation Corporation (SPC) on long term basis.

Ten petitioners including T.E.S. Fernando, the superintendent of Kellebokka State Plantation, Madulkelle cited the Public Enterprises Reform Commission (PERC), the Minister of Plantation, Sri Lanka State Plantations Corporation and the Attorney General as the respondents.

The petitioners stated that the Director General of the first respondent PERC published an advertisement in the Daily News newspaper dated March 23 inviting local investors to register the "expression of interest" in leasing out estates belonged to the third respondent corporation on long term basis.

The petitioners stated that the leasing out of the estates would cause irreparable loss to them and affect their career advancement. They stated that the calling for such expression of interest to lease out the estates without affording them a hearing was in violation of their fundamental rights.

The petitioners also stated that they would increase the profits of the estates by developing resources such as hydro power generation, eco tourism, horticulture, bottling of water etc. They also pointed out that the corporation was not in any financial difficulties as it had not borrowed money from the Treasury since 1998.

The petitioners stated that the long term leasing of the estates would result in termination of their employment and such termination would constitute of an imminent infringement of their Fundamental Rights.

The petitioners sought the court declaration that their rights were infringed by the respondents and also there was an imminent infringement to their rights if the respondents would proceed with the lease out.

They also sought compensation for the loss of their careers based upon their retirement age in the event 1, 2, and the 3 respondents decided to proceed with the lease out.