Stay Order against Water Board

The Appeal Court on Monday issued a restraining order against the National Water Supply and Drainage Board preventing it from taking possession of a premises within the Moratuwa Divisional Secretariat division for erecting a water tank as part of the Kalu Ganga water supply scheme.

This follows a decision to acquire the said premises by the Water Board without payment of compensation in lieu, on the basis of a disputed title.

The Bench comprised Justice Chandra Ekanayake President of the Court of Appeal. The Petitioners inter alia stated that the respondents are under a statutory obligation to act according to the Provisions of the Land Acquisition Act and pay compensation and take possession of the said premises.

The petitioners respectfully submit that the decision, conduct and overall actions of the respondents to take over the possession of the land and premises in question belonging to the petitioners is illegal, arbitrary, ultravirus, mala-fide and unreasonable hence bad in law.

The Petitioners respectfully state that there is an imminent danger of taking over possession of their land and premises unless ‘Your Lordships’ Court grant and issue an interim relief restraining the 8th respondent from taking possession of the land and premises in question.

They also prayed for an interim relief preventing the 5th Respondent NWS&DB and its workers, agents and sub contractors from entering into the premises in question and carry on any kind of activity within the premises in question until final determination of this application.

Dr.Jayatissa De Costa with Chintaka Siriwansa and Nilmini Attanayake appeared for Petitioners.