JAYANETTI AND OTHERS

Vs.

URBAN DEVELOPMENT AUTHORITY AND OTHERS

SUPREME COURT
DE ABREW, J.
JAYAWARDENA, J.
DEHIDENIYA, J.
SC/FR/621/2010
JULY 6, 11, 16, 2018

Fundamental rights, Articles 12(1) and 14(1)(h) of the Constitution-Constructions within a Mixed Development Zone-Violation of Regulations-Violation of conditions of Development Permit-illegality-Demolition of unlawful constructions

The petitioners reside in close proximity to Chapel Lane, Nugegoda, where the Royal Institute (the 9th respondent), a private international school, is in operation. The petitioners alleged that the running of such a school in the said location and the construction of another high-rise building are illegal as the same is not in line with the relevant regulations, and as a result, their fundamental rights guaranteed under Articles 12(1) and 14(1)(h) have been violated.

Held:

1. According to section 27(1) of the applicable regulations marked P4, to construct a building consisting of a ground floor plus four upper floors, the minimum extent of the land should be 40 perches but the extent of the relevant land at No. 10, Chapel Lane, Nugegoda is only 38.6