Writ petition against Hanthana Residencies Housing Project dismissed

• Centre for Environmental Justice and four residents in Kandy filed this writ petition 

By Lakmal Sooriyagoda  

A writ petition filed seeking an order preventing the National Housing Development and others from engaging in and facilitating development construction of the ‘Hanthana Residencies Housing Project’ has been dismissed by the Court of Appeal.   

Centre for Environmental Justice and four residents in Kandy filed this writ petition naming National Housing Development, Central Environmental Authority, Urban Development Authority, Millennium Distributors & Traders (Pvt) Ltd and several others as respondents.  

The Court of Appeal observed that the Petitioners have been negligent in not addressing the Court in a timely manner and that they have slept over their rights. The Court further held that the relief sought by the petitioners cannot be granted due to severe laches (unreasonable delay).  

In this case, the petitioners had instituted action in 2019 seeking the orders in the nature of writs of Certiorari quashing the Initial Environmental Examination (IEE) Report dated 22.10.2014 and purported approvals granted by the authorities permitting the development of the ‘Hanthana Residencies Housing Project’.  

They have also sought an order to conduct a fully comprehensive Environmental Impact Assessment in compliance with the National Environmental Act to declare that the said land is located within an environmentally sensitive area and as a conservation area under the provisions of the National Environmental Act.  

Justice Mohammed Laffar held that the impugned reports and decisions are not liable to be quashed and that the petitioners are not entitled for Writs of Certiorari or Mandamus and a direction in terms of Article 140. 

 
Senior Counsel Chrishmal Warnesuriya appeared for the petitioners. Dr. Romesh de Silva PC, Sanjeewa Jayawardana PC, Counsel Ranga Dayananda and Bharatha Abeynayake appeared for the respondents.