IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application in terms of Articles 17 and 126 of the Constitution of the Democratic Socialist Republic of Sri Lanka. 1. Naotunna Badalge Sagarika Jayamali, No. 14/5, Temple Road, Galwadugoda, Galle.

SC FR Application No: 02/2015 Petitioner V.

1. Divisional Secretary, Divisional Secretariat, Four Gravets, Galle.

2. Deepal Geeganage, Development Officer, Divisional Secretariat, Four Gravets, Galle.

3. Galle Municipal Council, Town Hall, Colombo Road, Kaluwella, Galle.

4. Municipal Commissioner, Galle Municipal Council, Town Hall, Colombo Road, Kaluwella, Galle.

5. Municipal Engineer, Galle Municipal Council, Town Hall, Colombo Road, Kaluwella, Galle.

6. Urban Development Authority, 6^th and 7^th Floors, Sethsiripaya, Battaramulla.

7. Director General, National Building Research Organization, No. 99/1, Jawatta Road, Colombo 05.

8. Officer in Charge, Police Station, Galle.

9. K.S. Geethanjalee, No 49/1, First Lane, Kandewaththa, Galle.

10. Hon. Attorney General Attorney General(cid:213)s Department, Colombo 12.

Respondents Before : Mahinda Samayawardhena, J.

K. Priyantha Fernando, J. Sampath B. Abayakoon, J.

Counsel : Saliya Pieris, PC with Anjana Rathnasiri instructed by Manjula Balasooriya for the Petitioner.

Hasini Opatha, SSC instructed by Rizni Firdous, SSA for 1^st, 2^nd, 6^th, 7^th, and 8^th Respondents.

Asthika Devendra with Aruna Madushanka instructed by Niluka Dissanayake for 3^rd, 4^th, and

5^th Respondents.

Dr. Sunil F.A. Cooray with Nilangi Perera instructed by Kenneth E Perera for the 9^th Respondent.

Argued on : 03.09.2025 Decided on : 02.10.2025 K. PRIYANTHA FERNANDO, J

1. The Petitioner is the owner of the property described in the schedule to the deed of transfer No. 5384 dated 21/01/2013 which was attested by Notary Public D.W. Witharana. This land is depicted as Lot 12 in the preliminary plan prepared by the Surveyor General on 04/08/1978 bearing No. 1384 (marked P - 8). Lot 09 of the said plan is owned by the 3^rd Respondent and was reserved as a common well. Further, the land in the Eastern boundary of the Petitioner(cid:213)s land belongs to the 9th Respondent. The 3^rd Respondent, following the allocation of the funds by the Ministry of Economic Development and consultations with relevant stakeholders has decided to construct a community hall in the aforementioned Lot 09 which was previously reserved for a well. It is her position that the fundamental rights guaranteed to her by Article 12 (1) of the Constitution are in violation owing to the construction of the aforementioned community hall by the 3^rd Respondent in Lot 09 of preliminary plan bearing No. 1384. This Court granted leave to proceed under Article 12 (1) of the Constitution against the 1^st -9^th Respondents.

Petitioner(cid:213)s Version

2. The Petitioner(cid:213)s land depicted as Lot 12 in the preliminary plan prepared by the Surveyor General on 04/08/1978 bearing No. 1384, is situated within the Municipal Council limits of Galle and she states that as per S. 3(1) of the Urban Development Authority Law No. 41 of 1978, the Galle Municipal Council is a declared urban development area.

3. According to the Petitioner, a 4.0 perch land (Lot 9) in the aforementioned plan bearing No. 1384 — the northern boundary of the Petitioner(cid:213)s land is a reservation for a common well. However, with the lapse of time, the well was abandoned and following a letter from the medical officer of the Municipal Council dated 12/01/1999, steps have been taken to fill the said well.

4. According to the Petitioner, the 9^th Respondent has constructed a house at a higher elevation in the eastern boundary of the Petitioner(cid:213)s land allegedly with the approval of the municipal council.

5. Aa result of this construction, water from the premises now flows down the vertical slope, leading to soil erosion, rocks being washed away, and large boulders becoming loose. This has caused the slope to become unstable and, acc