Court of Appeal hears case on illegal construction of condominium on Atapattu Road, Dehiwala.

The Court of Appeal heard parties in relation to an illegal construction of a condominium on Atapattu Road, Dehiwala. 

The Petitioners are all residents of the area who alleged that the Dehiwala-Mt. Lavinia Municipal Council and the Municipal Commissioner Dammika Muthugala have issued a Development Permit to Greenfield Realestate Lanka Ltd. to construct a six-storey apartment complex in Atapattu Road, Dehiwala in violation of the ‘Planning and Building Regulations 2008-2020’ promulgated by the Urban Development Authority. 

The Petitioners allege that in terms of the ‘Planning and Building Regulations 2008-2020’ promulgated by the Urban Development Authority, the physical width of the Atapattu Road and the extent of the plot on which the proposed condominium building is to be constructed does not permit the construction of a six-storey building and the minimum number of floors permissible is four stories inclusive of ground floor. The Petitioners further alleged that the Municipal Council has altered the existing street lines and building lines to favour Greenfield Realestate Lanka Ltd.  

In the circumstances the Petitioners sought an Interim Order preventing the Dehiwala-Mt. Lavinia Municipal Council and Municipal Commissioner Muthugala from allowing and/or acquiescing to any construction work being done at the premises bearing assessment No. 6, Atapattu Road, Dehiwala, and/or issuing any certificate of conformity or any other approval thereto until the final hearing and determination of the application. 

A bench comprising of President of the Court of Appeal Justice Rohini Walgama, and Justice S. Thurairajah heard the matter and refixed the matter for inquiry to 7 June. Greenfield Realestate Lanka Ltd., the developer of the condominium building, undertook to halt the construction work at the site until 12 June.

Thishya Weragoda, with Pulasthi Rupasinha, Iresh Seneviratne, and Chinthaka Sugathapala instructed by Niluka Dissanayake appeared for the Petitioners. 

Yajish Tennakoon appeared for the Dehiwala Mt. Lavinia Municipal Council and the Municipal Commissioner. 

Shantha Jayawardena appeared for Greenfield Realestate Lanka.

Manohara Jayasinghe, State Counsel appeared for the Minister of Megapolis and Western Region Development, Minister of Provincial Councils and the Urban Development Authority.