SC to inquire into alleged rights violation by CBK

Wasantha Ramanayake

The Supreme Court yesterday decided to fully inquire into the alleged rights violation of two civil servants by former President Chandrika Bandaranaike Kumaratunga in the Waters Edge lands deal.

The Bench comprised Chief Justice Sarath N. Silva PC with Justice Shirani Thilakawardane and Justice Jagath Balapatabendi.

The Court also allowed a motion by the petitioners to add then Urban Development Ministers Mangala Samaraweera and Indika Gunawaradne and the then BOI Chief Thilan Wijesinghe as added respondents on the basis that their documents had produced and been marked in the case.

The court also allowed to add the Kaduwela Pradeshiya Sabha which had developed a part of the extent of the land and Sri Lanka Land Reclamation and Development Corporation (SLLRDC) as added respondents.

The Court allowed the intervention of four petitioners who claimed that their lands had been acquired by the UDA in 1988.

President's Counsel Faiz Musthapha for the petitioners submitted that the UDA had acquired his clients lands citing public purpose in 1988 for just Rs. 312 per perch. The counsel submitted that they now wanted the possession of their lands.

Petitioners Sugathapala Mendis of Panadura and Raja Melroy Senanayake of Colombo cited former President Chandrika Bandaranaike Kumaratunga, the Minister of Lands, the Chairman of the UDA, the UDA, Asia Pacific Golf Courses Ltd., Ronnie Pieris, Sumal Perera, the BOI, Commissioner General of Inland Revenue and several others as respondents.

The petitioners two civil servants in their public interest litigation complained to the court that their rights had been violated by the illegal alienation of more than two hundred acres of state lands to the fourth respondents Asia Pacific Golf Courses Ltd. by the first respondent, the former President in violation of their rights. They pointed out that the state lands had been utilised to put up luxury hotel which is not beneficial to the general public.

J. C. Weliamuna instructed by Samararathna Associates appeared for the petitioners. The hearing was fixed for February 11, 2008.