The Supreme Court last Monday gave some 500 families in the Slave Island area, a final date (December 1, 2013) to vacate a seven acre prime block of land in Colombo 2, giving the free holding of the land to the Indian company for a mixed development project. The Court asked the residents some of whom [...]

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SC says 500 Slave Island families must vacate their houses by Dec. 1

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The Supreme Court last Monday gave some 500 families in the Slave Island area, a final date (December 1, 2013) to vacate a seven acre prime block of land in Colombo 2, giving the free holding of the land to the Indian company for a mixed development project. The Court asked the residents some of whom petitioned the Court against the acquisition, to hand over the possession of their lands to the Urban Development Authority by that date.

The court noted that the residents would be paid a lump sum as rent for two years to move into a house in another location. Once the project is completed, they would be resettled in the new apartments constructed by the company in the same premises they occupied earlier.Those residents who do not opt for receiving apartments could ask for compensation instead, the court added.

Those residents who accepted the lump sum as rent for two years and moved out, but subsequently wanted compensation could get such compensation less the amount as rent paid to them for moving out to their new premises, the court noted. However, this should be done within one year of moving out, the court pointed out. The residents could also admit their children to schools from their present addresses in Slave Island, the court added.

The Bench comprised Chief Justice Mohan Pieris PC, Justice Sathya Hettige and Justice Eva Wanasundera.In April, the Court vacating the stay order that was issued in February asking the parties to maintain the status quo, told the UDA to go ahead with the project. A group of residents living in the land located in Slave Island complained to the Court that their houses located in Malay Street, Justice Akbar Mawatha, Java Place and Masjidul Jamiah Mawatha, would be demolished and acquired for the “Redevelopment of the Slave Island Area” project.?

The petitioners stated the residents were notified on December 29, 2010 about the project and the UDA commenced work on it without consulting them.?
They complained their rights are violated by the acquisition as the Indian company would not better their lives by any means; they would lose their livelihood and the education of their children would be interrupted.?

They said only the TATA Housing Development Company which would get the land free for development will be benefited by the project.?The residents stated that the land would be given to the Company to construct an apartment complex for the area residents and the rest of the land would be given free to the company for its own business purposes.?

They alleged that although the lands are acquired for a public purpose, in reality it is a business venture.?The petitioners sought a court declaration that the notice issued under Section 2 of the Land Acquisition Act, to acquire their lands is null and void.? Counsel Sujeewa Senasinghe with Farman Cassim appeared for the petitioners.

Deputy Solicitor General Viraj Dayaratne with State Counsel Dr. Avanti Perera appeared for the Colombo Divisional Secretary and the Attorney General.?
Sanjeeva Jayawardena PC., instructed by Sudath Perera Associates appeared for the UDA and its Chairman.?

Faizer Musthapha PC., appeared for the Defence Secretary and the Urban Development Ministry.?

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