News
Pentara project in Thummulla: Petitioners lose appeal in High Court; case goes back to DC
View(s):By Ranjith Padmasiri
The Civil Appellate High Court of the Western Province in Colombo this week refused to issue Leave to Appeal and Interim Orders against the Pentara Residencies project in Thummulla, Colombo.
In refusing the interim reliefs sought with costs, the Civil Appellate Court held that the District Court was justified in declining to consider an enjoining order and in deciding to hear both parties on the application for interim injunction.
The court, in refusing to grant the reliefs sought, also held that the present action of the petitioners appears designed to avoid the application of the equitable maxim “delay defeats equity”. The Court noted that the Respondent Home Lands having obtained all necessary approvals from the relevant authorities, has been engaged in the construction process for several months.
The petitioners, residents in Classen Place, Colombo 5, had raised concerns regarding noise, vibration, and dust and sought enjoining orders against Homelands from the District Court of Colombo.
The petitioners also told courts that the winch part of the crane used by the respondent for construction and/or development work at his property was being handled in a manner that it travelled directly over the houses of the complainants, thus posing a serious threat to the lives of both the complainants and their children.
The District Court did not grant the enjoining orders sought, as it noted that the construction had taken place for several months, and accordingly, the court was not satisfied that the urgency required for the grant of an enjoining order existed.
The Civil Appellate High Court, in making its ruling refusing the Leave to Appeal and the Interim Orders sought by the petitioner, also noted that the plaint itself recognised that three separate government bodies had inspected and inquired into the concerns raised by the plaintiffs, including the National Building Research Organisation (NBRO), the Central Environmental Authority (CEA), and the Electro Technology Laboratory.
The plaintiffs, being residents living in close proximity to the construction site, had filed 12 separate actions in the District Court of Colombo.
The plaintiffs had complained that piling, excavation and the use of heavy machinery had caused excessive noise, vibration and dust, adversely affecting their health and interfering with the peaceful enjoyment of their properties. On that basis, they sought enjoining orders and temporary and urgent relief seeking to immediately stop construction pending further proceedings.
At the initial stage, the District Court declined to grant such relief and directed that the matters be taken up after notice at the stage of interim injunctive relief. The residents then appealed to the Civil Appellate High Court. The Civil Appellate High Court was pleased to uphold the reasoning of the District Court, stating that it found no reason to disagree with the District Court’s view and refused Leave to Appeal with costs in all 12 applications made by the Plaintiffs-Petitioners.
Home Lands Group’s 40-storey twin-tower residential development, Pentara Residencies in Thummulla, Colombo, is a Board of Investment (BOI) approved project, with an investment of USD 100–110 million (amounting to LKR 30–35 billion), which is the largest residential real estate investment by a single Sri Lankan developer. The project is backed by Hatton National Bank PLC, with large-scale funding for land acquisition. Home Lands successfully acquired nearly one acre of Colombo city land for the project at a record Rs. 4.5 billion, marking the largest land transaction in the history of Colombo.
Construction of Pentara Residencies in Thummulla commenced following its launch this year, after being awarded the Development Permit by the Urban Development Authority (UDA). Having obtained all statutory and environmental approvals, including approval from the National Building Research Organization (NBRO) and environmental approval from the Environmental Consultative Committee (ECC), the project is fully cleared, compliant and on track with its plan to build Colombo’s most iconic, ultra-luxurious 40-storey twin-tower residential complex.
As a result of this Civil Appellate Court decision, the District Court proceedings will move forward, with the respondents having been directed to file their written objections on or before February 6, 2026, prior to the oral arguments.
Mr Ali Sabry PC, Mr Kushan De Alwis PC, Mr Eraj De Siva PC with Mr Shanaka Coory, Mr Rajiv Wijesinghe, Mr Naamiq Nafath, Mr Shamith Fernando, Mr Aklanka Ukwatte, Mr Daminda Wijayaratne and Mr Sanjana Mapatuna, instructed by Sudath Perera Associates, appeared for the Defendants-Respondents.
Mr Kuvera de Zoysa PC, with Ishan Alawaturage and Harshula Yapa, appeared for the plaintiff-petitioners.
The Registrar was directed to send a copy of the order to the District Court Colombo.
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