IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for mandates in the nature of Writs of Certiorari, Mandamus and Prohibition in terms of Article

140 of the Constitution. CA (Writ) No. 194/2017

1. Suraiya Akbarally

15B, Layards Road, Colombo 05.

2. Azra Jafferjee

5, Layards Road, Colombo 05.

3. Abdul Latiff Mohamed Hussein

7, Layards Road, Colombo 05.

4. Deshamanya Abbasally Akbarally

15, Layards Road, Colombo 05.

5. Mansoor Abbasally Akbarally

51, Layards Road, Colombo 05.

6. Hussein Akbarally

78, Layards Road, Colombo 05.

7. Hatim Abbasally Akbarally

90/1, Layards Road, Colombo 05.

PETITIONERS -Vs-

1. Urban Development Authority Ministry of Urban Development &

Housing, 6^th and 7^th Floors, “Sethsiripaya”, Battaramulla.

2. Dr. Jagath Munasinghe The Chairman, Urban Development Authority, Ministry of Megapolis and Western Development, 6^th and 7^th Floors, “Sethsiripaya”, Battaramulla.

2A. Mr. Harshan de Silva The Chairman, Urban Development Authority, Ministry of Urban Development &

Housing, 6^th and 7^th Floors, “Sethsiripaya”, Battaramulla.

2B. Mr. Nimesh Herath The Chairman, Urban Development Authority, 6^th and 7^th Floors, “Sethsiripaya”, Battaramulla.

3. Colombo Municipal Council Town hall, Colombo 07.

4. The Municipal Commissioner Colombo Municipal Council, Town hall, Colombo 07.

5. Blue Ocean Breeze (Pvt) Ltd., 32, Second Floor, Galle Road, Dehiwala.

6. D. D. Enterprises (Pvt) Ltd., 9/3, Station Road, Colombo 04.

7. The Attorney General Attorney General’s Department, Colombo 12.

RESPONDENTS Before : Dhammika Ganepola, J.

Counsel : Geoffrey Alagaratnam PC with Luwie Ganeshathan for the Petitioners.

Ranga Dayananda for the 3^rd and 4^th Respondent.

Shemanthi Dunuwille, S.C. with Thilini De Zoysa A.S.A. for the Respondents.

Written Submissions : Petitioners : 06.08.2019 tendered On 1^st, 2^nd and 7^th Respondents : 08.08.2024

3^rd and 4^th Respondents : 26.02.2024 Decided On : 19.09.2024 Dhammika Ganepola, J.

Factual matrix of the application The Petitioners in the instant application are all either owners or the residents of premises situated at Layards Road, Colombo 5 where the subject premises belong to the 5^th Respondent is also located. Said premises are situated within the “Special Primary Residential Zone” in terms of the City of Colombo Development Plan (Amendment)-2008 prepared by the 1^st Respondent and published in the Government Gazette Extraordinary No. 1535/4 of 06.02.2008. In terms of Clause 4.1(b)(ii) of the above City of Colombo Development Plan the maximum number of stories lawfully permissible within a “Special Primary Residential Zone” is five. The Petitioners came to know that the “Preliminary Planning Clearance” (PPC) had been granted to the 6^th Respondent, who was the predecessor of the 5^th Respondent in respect of the subject premises for the construction of eleven storied building. However, no permission had been granted for the development of such a building. Said position was confirmed by a letter dated 04.01.2017 marked P14 issued by the 2nd Respondent. The Petitioners were informed by the 1st Respondent that the Planning Committee had decided to refrain from renewing the aforementioned PPC which was due to lapse on 27.01.2017.

The requests made by the Petitioners from the 1st and 3rd Respondents for written confirmation that the PPC granted for the construction of the eleven-storied building will not be renewed and no approval will be granted had not been responded to. The Petitioners had come to know that the 6th Respondent is taking steps to reapply for a PPC in view of the construction of a building exceeding five floors within the subject premises. The Petitioners state that any PPC or Building Permit/ Approval issued in contravention of the Urban Development Authority Law and /or the Municipal Councils Ordinance and /or City of Colombo Development Plan (Amendment)-2008 for the construction of any building exceeding five floors within the subject premises is unlawful and ultra vires