EVERAD ANTHONY PAYOE AND OTHERS

EVERAD ANTHONY PAYOE AND OTHERS

VS.

HATTON DICKOYA URBAN COUNCIL AND OTHERS

SUPREME COURT
S. EVA WANASUNDERA P.C, J.
UPALY ABEYRATHNE J.
H.N J. PERERA, J.
SC FR 654/09
21.02.2017.

Road way - Unauthorized construction - Width of road - Obstructions of side way - Commission - Inconvenience to public - Article 12 (1) of the Constitution - Alternative remedies.

Petitioner filed a Fundamental rights application. Two members of the 1st Respondent council are Petitioners and others, citizens. The 2nd Petitioner is not, pursuing the application. The subject matter is the width of the Sunday Fair Road from the entrance point to upper Division of Gaminipura and the unauthorized construction as alleged to be hindering the upkeep of the width of the Road.

HELD:

1. During the proceedings of this Court all parties have agreed at different times that the width of the road had been 14 feet from the very inception. The first plan done by the Land Reform Commission is dated in the year 1998. Plan 50/20 referred to above which was done on a commission as ordered by this court also shows the width as 14 feet.

2. The Urban Council is duty bound to serv

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