District Court issues enjoining orders against Thimbirigasyaya apartment construction

The District Judge of Colombo issued two separate enjoining orders on 21 December against Home Lands Skyline Ltd. and anyone associated with the company, preventing them from conducting piling activities being conducted at No. 185, Ven. Muruththettuwe Ananda Nahimi Mawatha (formerly known as Thimbirigasyaya Road) Colombo 5 in a manner which inconveniences neighbouring residents. 

Two nearby residents filed separate cases in the District Court of Colombo on 20 November 2017 stating that the piling activities for the construction of a luxury apartment complex named ‘Aurum Residencies’ by Home Lands Skyline Ltd. is likely to cause serious damage to their residences and restrict the use and enjoyment of neighbouring lands. 

District Court...

The plaintiffs alleged that the permit issued by the Urban Development Authority for the construction of a 13-storied building was illegal and only a nine-storied building was legally permitted to be constructed. They alleged that in any event, the minimum side space requirement has also been violated by the developer and instead of leaving a four-metre set back from the common boundary with the plaintiffs, the developer is attempting to build on the boundary itself. The plaintiffs have also stated that they have challenged the validity of the development permit issued by the UDA in a separate writ application filed in the Court of Appeal. 

The plaintiffs have stated that irrespective of the validity of the development permit, the permit does not grant the developer any permission to interfere with the rights of adjoining landowners or inconvenience them. 

The plaintiffs have also stated in their complaint that the developer is well aware of the risk and danger posed by the piling activities and has even obtained insurance cover to protect against third party claims and so the plaintiff fears that their houses will be damaged in the process. The plaintiffs are seeking enjoining orders to prevent such damage. 

Attorneys Thishya Weragoda and Iresh Seneviratne, instructed by attorney-at-law Thamila Perera, appeared for the plaintiffs in both cases.