Oak Street vs. NHDA and others: Supreme Court fixes matter for support on 15 Oct.

Wednesday, 29 September 2021 00:23 - - {{hitsCtrl.values.hits}}

The Supreme Court yesterday further fixed the matter for support on 15 October 2021 when the Fundamental Rights application filed by Oak Street Ltd., a BOI-registered company, against the National Housing Development Authority (NHDA), the Police and seven others, was taken up.

The three-member Supreme Court bench, comprising Justice P. Padman Surasena, Justice Achala Wengappuli and Justice Arjuna Obeyesekere PC, also ordered the first to fifth respondents to file limited objections on 4 October and the petitioners to file limited counter objections on 8 October. Oak Street’s action is against what it alleged as illegal possession of its 214-perch land at Darley Road on 10 September by the NHDA.

When the matter was taken up, the Senior Counsel for Oak Street formally moved to support the application. The Senior Counsel, for the first to fifth respondents, submitted that there were certain matters suppressed by the petitioners and therefore moved to file limited objections pertaining to granting of an interim order. Oak Street’s Senior Counsel submitted that there was a grave urgency in this matter, and therefore a short date be granted to file limited objections. Thereafter, the petitioners will file their limited counter objections on the following day. The Senior Counsel further moved for a direction to call the Police inquiry notes and statements as prayed for in the Prayer (g) to the Petition.

Their Lordships’ Court observed that the sixth to eighth respondents were absent and unrepresented, and the State Counsel has indicated that she is appearing only on behalf of the ninth respondent (the Attorney General) and that she has no instructions in respect of other respondents. Therefore, the court ordered that the notice be issued on the sixth to eighth respondents in this regard.

Navin Marapana PC with Attorney-at-Law Nandapala Wickramasuriya and Attorney-at-Law Uchitha Wickremesinghe, instructed by Sarravanan Neelakandan Law Associates, appeared on behalf of Oak Street Ltd. and the Directors. Chandaka Jayasundere PC with Attorney-at-Law Pulasthi Rupasinghe appeared on behalf of the first to fifth respondents. A Senior State Counsel appeared on behalf of the ninth respondent.