The Court of Appeal has issued an Interim Order restraining Dehiwala-Mount Lavinia Municipal Council and its Commissioner from allowing or acquiescing to any construction work being done at the premises bearing assessment No. 6, Atapattu Road, Dehiwala until the final determination of a writ petition.
Court of Appeal two-judge-bench comprising Justice L.T.B. Dehideniya and Justice Shiran Goonaratne made this order pursuant to a writ petition filed by fourteen residents of Atapattu Road in Dehiwala seeking an interim order.
The petitioners contend that they became aware of a real-estate company seeking to build a condominium building of six floors, including the ground floor at premises bearing assessment No.6, Atapattu Road, Dehiwala in violation of the Urban Development Authority publication titled ‘Planning and Building Regulations, 2008-2020’.
In terms of the regulation, the minimum Road width required for the construction of a six storey building is six metres.
The Court of Appeal observed that the plan bearing No.3142 dated 16/01/2017 depicts Atapattu Road starting from Quarry Road. According to the plan, Atapattu Road does not at any point have a width of six metres as required to construct a building of a ground floor plus five floors.
The petitioner contends that the premises bearing assessment No.6 where the development is taking place, the road width is 5.10 metres and therefore by granting approval for the building the first and second respondents have acted unlawfully.
Counsel Chinthaka Sugathapala with Iresh Seneviratne and Thishya Weragoda appeared for the petitioners.