Lanka Citizen

by Chitra Weerarathne

“The Galle Face Green should be maintained as a public utility, in continuance of the dedication made by Sir Henry Ward. The necessary resourcer for this purpose, should be made available by the government of Sri Lanka, the successor to the colonial governor, who made the dedication referred to,” the Supreme Court yesterday said in a judgement.

The court said that, the purported agreement, entered into between the Urban Development Authority and the EAP Limited is ultra vires and of no purpose or avail in law.

The case related to the management agreement or the lease entered into on February 15, 2003, by the UDA and the EAP Network Private Limited, whereby it was sought to hand over the management and control of the 14-acre seaside promenade of Colombo, the Galle Face Green to E.A.P.

When this fundamental rights violation plea, was supported on February 13, 2004, leave to proceed was granted. The Interim Order directed the UDA to refrain from putting into operation, any lease or agreement, to effect the use, occupation and or the management of the Galle Face Green.

The judgement said that the UDA denied the right to information of the petitioner, The Environmental Foundation Limited, and subjected the petitioner to unequal treatment.

The UDA was directed to pay the EFL, Rs. 50,000/- as costs.

Miss Ruana Rajapakse, appeared with Miss Pamoda Rajakeeya for the petitioner. Romesh de Silva PC, appeared with Sugath Caldera, for the UDA.

S. Parathanlingam PC, with N. R. Sivendran and S. Cooray appeared for the EAP Group.

The judgement was by the Chief Justice Sarath N. Silva with Justice N. K. Udalagama and Justice N. E. Dissanayake agreeing.

Courtesy The Island