Interim Order extended

Deeghavapi Tsunami Housing scheme case:

Wasantha Ramanayake

The Supreme Court yesterday extended the interim order that restrained 500 housing units in the Tsunami Housing Scheme in Norochcholai in Deegavapiya being allocated for occupation.

The order will be valid until the final determination of the rights application filed by the chief incumbent of the Deegavaphiya Raja Maha Viharaya.

The parties agreed to the extension of the interim order.

The Bench comprised Justice Nimal Gamini Amaratunga, Justice K. Sripavan and Justice P.A. Rathnayake PC.

The Court allowed around 35 affected intervenient-petitioners and religious organisations to file their intervening petitions.

President’s Counsel Manohara de Silva for the petitioners submitted that the Constitution provides for the protection of Buddhism as the foremost religion and that the allocation of the new houses in the proximity to the Deegavapiya Viharaya, which is one of the most sacred religious sites of the Buddhists, exclusively to the Muslims would be in breach of that constitutional provisions.

Deputy Solicitor General Bimba Thilakarathne Jayasinghe for the Attorney General submitted that allocation of houses had not been finalised.

President’s Counsel Faiz Musthapa for an intervenient-petitioner submitted that the allocation of the houses to Muslims was not unfair and detrimental to the ethnic harmony since only the Muslims in the area were affected by the tsunami. He submitted that the houses were to be built for the people affected by the tsunami.

President’s Counsel Palitha Kumarasinghe for one of intervenient-petitioners said his client had been affected by the tsunami but had not received a house. The President’s Counsel submitted that the situation could lay the foundation to another ethnic conflict in the future and it is the duty of all involved to settle the issue amicably.

Justice Nimal Gamini Amaratunga remarked that both Sinhala and Muslim communities lived in harmony at the time when he was serving as the High Court Judge in Ampara.

Petitioners Ven. Nannapurawe Buddha Rakkitha Thera, chief incumbent of the Deeghavapiya Rajamaha Viharaya, Ven. Ellawala Medhanandha Thera, Ven. Omalpe Sobitha Thera, Kirindiwela Somarathana Thera, Chief Incumbent of Ampara Mahavaapi Viharaya and three office bearers of the Deeghawapiya Surekeeme Sanvidhanaya filing the rights application complained that the respondents were taking steps to settle Muslim people in 500 new houses without having a land kachcheri in terms of the Land Development Ordinance and sought to annul the decision.

The petitioners stated that in terms of the Land Ordinance, or National Housing Development Authority Act, houses should be given in a fair and just manner without discriminating on the grounds of race or religion.

They stated that respondents bypassing these regulations were illegally taking steps to distribute houses exclusively among the Muslim community excluding the Sinhalese and Tamils in violations of their rights.

According to the petitioners both Tamil and Sinhala landless peasants who did not have any permanent house were requesting for houses for decades without any success. They alleged that muslim politicians for decades engaged in forcible settling of muslims on the state lands in Deeghavapiya area which is in breach of applicable laws.

President’s Counsel Manohara de Silva instructed by Bandara Thalagune appeared for the petitioners.

Deputy Solicitor General Bimba Thilakarathne Jayasinghe appeared for respondents.

The hearing was fixed for September 9.