Court injunction sought against new Asian Hotels apartment complex
An influential tenant at the Crescat apartments adjoining the Cinnamon Grand Hotel is seeking an order from the Colombo District Court to stay the construction of an adjoining apartment complex which he says would obstruct the view from his penthouse apartment.
The petition has been filed by East West Properties Ltd (EWPL) on behalf of its Chairman Nahil Wijesuriya in which they seek a court order preventing the new construction exceeding 23 floors. The case was taken up before District Judge Priyantha Fernano.
Action has been filed against Asian Hotels and Properties (AHPL) which plans to carry out Phase 11 of the Crescat Development project under which the complex of 35 floors is to be constructed with some of the apartments already marketed.
Counsel for the petitioner said that an apartment was purchased from the defendant for the use of Wijesuriya. The petitioner said that the defendant had in their contract agreed that the construction of Phase 11 would not exceed the stipulated 23 floors. The petitioner has also brought up other issues related to the existing apartment compex.
The petition stated that the defendant agreement was that common facilities for the residents of the Crescat apartment would include car parks, modern recreational facilities including a swimming pool and tennis courts. The petitioner said that as Phase 11 had commenced the defendants provided the use of the swimming pool, car park and tennis court facilities of the Hotel Lanka Oberoi (presently Cinnamon Grand) on a temporary basis.
The petitioner claims that at present they are using the entrance of the hotel as their entrance to the apartments which is not in keeping with the agreement and it is of great inconvenience to the residents. He said that the allotments which were to be used for the car park and entrance have now been given to outsiders where the Angsana Spa and the Echo Restaurant is built.
The petitioner said that the defendant’s attempt to construct a building consisting of 35 storeys is totally contrary and in breach of the express obligations towards the petitioner.
Uditha Egalahewa, attorney for the petitioner instructed by Sagara T. Jayawickrama is asking the court to issue an interim order restraining the defendant from constructing any building which is heigher than the height of the petitioner’s apartment or in excess of 23 floors. It is also seeking common facilities that were in the agreement such as the car park, swimming pool, the two tennis courts and the grand entrance.
The court issued notice on the respondents. The case was fixed for hearing on August 28.