SC sets aside orders made against Royal Hospitals over alleged illegal water connection

• By Lakmal Sooriyagoda

The Supreme Court has ordered to set aside the orders made by the Magistrates Court, High Court and Court of Appeal, to prosecute the directors of Royal Hospitals (Pvt.) Ltd, Colombo, for allegedly obtaining an illegal water connection to the hospital.
Royal Hospital Colombo acquired a 99-year lease hold interest of the property adjacent to Royal Hospitals (Pvt.) Ltd in the year 2000.

Thereafter, in 2011, in order to improve the wellness outreach of the existing hospital, it engaged Thudawe Brothers for the construction and on 29.06.2011, applied for a temporary water connection to the premises from the National Water Supply and Drainage Board (NWSDB). 

When the officers of the NWSDB arrived at the premises, they observed an old water connection on the leased property and arrested a female employee and took her to the Wellawatta police station. On hearing the aforesaid, a director of the hospital rushed to the Wellawatta police station and there the female employee was released, detaining the director and he was later produced before the Colombo Magistrate’s Court and granted bail.

Subsequently, by an amended charge sheet dated 17.01.2012, Royal Hospitals (Pvt.) Ltd, as a legal person and all the members of the board of directors of Royal Hospitals (Pvt.) Ltd were charged under Section 31 of National Water Supply Drainage Board Act No. 2 of 1974, for illegally obtaining water. The directors of the hospital challenged the aforesaid order in the High Court as well as in the Court of Appeal but the said courts refused to set aside the said amended charge sheet, which has named all the directors as accused. 

Dissatisfied with the aforesaid orders made by the Magistrates Court, High Court and Court of Appeal, the directors of Royal Hospitals (Pvt.) Ltd appealed to the Supreme Court and Justice Shiran Goonarathna, with Justice Murdu Fernando and Justice E.A.G.R. Amarasekara, agreeing by their judgement dated 05.06.2024, deciding to set aside the aforesaid orders made by the Magistrates Court, Hight Court and Court of Appeal and held “the Court of Appeal erred in fact and law by deciding that the directors of Royal Hospitals (Pvt.) Ltd are liable in terms of Section 31 of National Water Supply Drainage Board Act No.2 of 1974 as amended”.

Rienzie Arsekulartne PC, with Thilina Punchihewa, Eranga Yakandawala, Punsisi Gamage and Erandi Pathiranage, appeared for the directors of Royal Hospital (Pvt.) Ltd, while Senior Deputy Solicitor General V. Heege appeared for the NWSDB.