Enjoining Orders against Home Lands Skyline

The Colombo District Court has issued two separate enjoining orders against Home Lands Skyline and agents or anyone from continuing with piling activities at Ven. Muruththettuwe Ananda Nahimi Mawatha, (formerly known as Thimbirigasyaya Road) Colombo 5, in a manner that causes damages or a nuisance to the adjoining residents.

Two of the adjoining residents, instituted separate actions before the District Court of Colombo on November 20, 2017, stating that the piling activities for the construction of a luxury apartment complex “Aurum Residencies” by Home Lands Skyline at 185, Ven. Muruththettuwe Ananda Nahimi Mawatha, Colombo 5, is most likely to cause serious damages to their residences and thereby hardship to the use and enjoyment of the said neighbouring lands.

The Plaintiffs alleged that the permit issued by the Urban Development Authority for the construction of a 13 storied building is contrary to the law and only a nine storied building could be legally permitted to be constructed.

They alleged that in any event, the minimum side space requirement has also been violated by the developer and instead of leaving four meter set back from the common boundary with the Plaintiffs, the Developer is attempting to build on the boundary itself. The Plaintiffs have also stated that they have challenged the validity of the Development permit issued by the UDA in a separate Writ Application before the Court of Appeal.

The Plaintiffs have stated that irrespective of the validity of the Development Permit, the Development Permit does not grant the Developer any permission to interfere with the rights of adjoining land owners or to cause a nuisance to them.

The Plaintiffs have also stated in their Plaint that the Developer is well aware of the risk and danger posed by the piling activities and have even obtained insurance covers to protect against third party claims, and therefore, the Plaintiff reasonably fear that their houses would be damaged in the process. The Plaintiffs have stated that the Plaintiffs are seeking the said Enjoining Orders to prevent such damages being occasioned to the Plaintiffs.

Attorney - at- Law Thishya Weragoda with Iresh Seneviratne under the instructions of Thamila Perera appeared for the plaintiffs in both cases.