The Court of Appeal yesterday (11) issued an interim injunction halting all administrative action to revoke the land approval granted for the Ambuluwawa Biodiversity Zone, following a writ petition filed by the Ambuluwawa D.M. Jayaratne Religious Centre and Biodiversity Complex Trust Fund. The order will remain in force until 15 January.
The bench comprising Court of Appeal President Justice Rohantha Abeysuriya and Justice Priyantha Fernando made the order after taking up the petition, which challenges a recommendation by the Udapalatha Divisional Secretary and several officials to cancel the approval relating to the land on which the landmark biodiversity complex is located.
President’s Counsel Romesh de Silva, appearing for the petitioners, told Court that the trust faced an immediate threat of having its land approval withdrawn and requested interim relief until the facts could be fully established. He also noted that the petitioners had not been afforded an opportunity to respond to the allegations made by the Divisional Secretariat.
State Counsel representing the Attorney General’s Department said the Deputy Solicitor General assigned to the case required time to obtain instructions and therefore sought a date for further submissions. He also objected to the interim injunction, citing the absence of guidance from the respondents at this stage.
After hearing both sides, the Court fixed the matter for 15 January to confirm the petition’s facts and issued an interim order barring any further steps to cancel the land approval until the next hearing.
According to the petition, the land for the Ambuluwawa Biodiversity Development Zone was donated by the then President in 2001 and has since been developed into a major environmental and religious attraction. The trust states that more than Rs. 2 billion has been invested in the site, which features the well-known tower, multi-religious structures, a children’s park, a modern conference hall and accommodation facilities. It also notes that the country’s first cable car project was recently launched there.
The petitioners allege that on 6 March, the Udapalatha Divisional Secretary wrote to the Commissioner General of Lands claiming that the trust had violated conditions of the land grant, a move they say was followed by further correspondence to the Ministry of Lands. They contend that the attempt to revoke the approval is unlawful and motivated, adding that the Court of Appeal had recently ordered the same divisional secretary not to obstruct the Ambuluwawa cable car project.
The petition seeks a writ of certiorari to quash the letters issued by the respondents recommending the revocation of the land approval, along with interim relief preventing any cancellation until the case is fully heard.
Respondents named in the petition include Udapalatha Divisional Secretary A. Dilrukshi Jayaratne, the Commissioner General of Lands, the Kandy District Secretary, the Secretary to the Ministry of Lands, the Public Trustee and the Attorney General.
