SC declares Acquisition of residence illegal

Acquired during President Rajapaksa’s time:

SC orders return of residence :

The Supreme Court yesterday found that the Fundamental Rights of two persons residing in Wellawatte were violated by an order of the former President Mahinda Rajapaksa to acquire their residence.

A three judge Bench comprising Chief Justice Priyasath Dep, Justice Buwaneka Aluwihare and Justice Anil Gunaratne ordered Rs.500,000 compensation to be paid to the residents.

The Bench ordered the state to hand over the residence to the couple within 8 weeks.

The Petitioners said that the three storied apartment located in Chapel Lane, Wellawatte was first taken over by the Terrorism Investigation Department (TID) and thereafter acquired by the State.

The owners, Shanmugam Sivarasa and Sivaraja Sarojini Devi filed a Fundamental Rights petition before the Supreme Court, seeking the court to declare the act a violation of their Fundamental Rights.

The Court held that Article 12(1) of the Constitution, which guarantees all citizens equal protection of the law and equality before the law was violated by the actions of the state.

Ten persons including former Secretary to the President Lalith Weerathunge, the then Secretary of Defense Gotabhaya Rajapaksa and the Inspector General of Police were named as Respondents.

The duo challenged the Gazette issued by then President Mahinda Rajapaksa dated December 17, 2009 acquiring the said premises to the state.