- Writ applications dismissed without notice
On Friday (24th July), The Court of Appeal dismissed two Writ applications filed against ‘Pentara Residencies’, the landmark apartment development project by the Home Lands Group in Thummulla, Colombo 05.
A bench comprising of Justice P. Kumararatnam, Justice M.C.L.B Gopallawa and Justice Dr. D.F.H. Gunawardhana, delivered the order whereby the writ applications were dismissed by a majority decision, refusing the issuance of formal notice.
The writ applications were filed in 2025 by several residents of Classen Place, challenging the approvals granted by the Urban Development Authority (UDA) in relation to the proposed apartment complex. The Petitioners mounted their challenge on the basis that the approvals were contrary to the Development Plan and the regulations promulgated by the UDA.
The Court of Appeal, by its majority decision, affirmed that the approvals granted for the project were in compliance with the Development Plan and the regulations. The Court of Appeal further found that the Petitioners had failed to discharge their duty of Uberrima Fides, or utmost good faith, which is owed to Court.
Kushan De Alwis PC, Ali Sabry PC, Eraj De Silva PC with Shanaka Cooray AAL, Rajiv Wijesinghe AAL, Naamiq Nafath AAL, Shamith Fernando AAL, Akalanka Ukwatte AAL, Daminda Wijayaratne AAL and Sanjana Mapatuna AAL, instructed by Sudath Perera Associates, appeared for the 5th to 8th Respondents.
