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ADB engineer sues Minister Wijesekera: SC gives go-ahead
By Laila Nasry
A fundamental rights application filed by an engineer alleging he was deprived of the post of Project Director in an ADB-funded coast conservation project, due to political interference by Minister Mahinda Wijesekera was given the go ahead by the Supreme Court.

The Bench comprising Justices Mark Fernando, J.A.N de Silva and T.B. Weerasooriya granting leave to proceed for the alleged infringement of Article 12(1) of the Constitution, which guarantees the right to equality, fixed the case for hearing on October 16.

The petitioner H.N.R. Perera citing Fisheries Minister Mahinda Wijesekera and five others as respondents state that the Minister had directed the appointment of Gajaba Gunawardene as Project Director of the Rs. 80 million Coastal Resources and Management Project with effect from August 1, sidelining him on allegations of bribery.

This was in total disregard to the recommendations of Ministry Secretary C. Manapperuma who was empowered by circular to make such an appointment and had stated that he was the most suitable person for such a post, having been selected by the interview board and there having been no investigation or complaints of bribery against him.

Mr. Perera states the disagreement between the Minister and the Ministry Secretary led to unpleasant incidents culminating in the Secretary being removed from the Ministry and appointed as Public Administration Ministry Secretary.

He states that the minister's direction to Additional Secretary A.N.R. Amaratunge is illegal because the minister cannot involve himself in the appointing process as the management circular recognizes the Ministry Secretary as appointing authority and the Additional Secretary cannot act on his behalf. Further the appointee recommended by the minister had not been subject to selection by the interview board.

The petitioner states he had been subject to discriminatory and unfair treatment and asks court for a declaration that his fundamental rights have been violated, an order staying the appointment made by the minister, a direction that he be appointed as Project Director and compensation to be paid to him.

Mr. L.C. Seneviratne with Mr. Navin Marapane appeared for the petitioner.

Three-wheeler driver sues job agency, minister
A fundamental rights application filed by a three-wheeler driver in search of greener pastures alleging he was deprived of a lucrative job opportunity in South Korea due to political victimisation was given the go ahead by the Supreme Court.

In his petition E.A.T.C. Premalal of Kurunduwatte claimed that his efforts to obtain employment in South Korea were squashed by Labour Minister Mahinda Samarasinghe at the request of a UNP supporter.

Mr. Premalal said that although he along with the UNP supporter met the minister to tell the minister that he (the petitioner) had been mistakenly identified as a PA supporter, the minister had refused to give them a hearing.

He said that having applied to the Sri Lanka Foreign Employment Agency (pvt) Ltd., he complied with the necessary requirements for travel, presented himself for an interview, undergone a medical examination and paid Rs. 6050 for a training programme and Rs. 4750 for his visa, paid a sum of Rs. 105,465 and entered into a bond of Rs. 500,000 with two sureties, for the prospective trip to take up the post of trainee technician.

He prays for a declaration that his fundamental rights had been violated and a direction given to the job agency and the minister among others, to provide him his lost opportunity or grant him compensation amounting to Rs. 500,000.

The case was fixed for hearing on October 15.

District Court stays gifted house deal
The Colombo District Court issued an enjoining order preventing a house bequeathed to the Sri Lanka Cancer Society by a philanthropist, now dead, from being fraudulently mortgaged, sold or transferred by his wife.

District Judge Malini Gunaratne issued an enjoining order preventing the International Distillers Company, to whom the absolute ownership of the property was conveyed by Malani Hettiarachchi, the wife and executor of the will of Alfred Hettiarachchi and the Commercial Bank of Ceylon Ltd to whom the property was subsequently mortgaged as security for a loan, from selling the property. Further court issued notice on the defendants returnable on August 8.

In his will Mr. Hettiarachchi had bequeathed his Queens Road property to the Cancer Society subject to the condition that his wife shall have life interest in the premises. However after her death the income from the house and premises shall be solely for the benefit and the welfare of the Sri Lanka Cancer Society at Maharagama.

The Sri Lanka Cancer Society went to court alleging that the transfer of ownership of the property by Mrs. Hettiarachchi to the International Distillers Co. was by fraudulent deed and the subsequent mortgage obtained from the Commercial Bank, for a sum of Rs. 31 million was wrongful and unlawful.

The Cancer Society asks court for a permanent injunction preventing the sale, transfer or mortgage of the property and an order directing Mrs. Hettiarachchi to execute within two months a conveyance transferring the land to the Cancer Society with life interest for herself.

No action on Muthurajawela land grab

Court orders halt to encroachment
The Court of Appeal on Friday ordered the Director General of Wildlife Conservation, the Central Environmental Authority, the IGP, Environment and Natural Resources Minister Rukman Senanayake and the Attorney General, to pursue immediate action to stop the illegal encroachment of the Muthurajawela Sanctuary by squatters.

The Environmental Foundation Limited of Colombo had gone to the Court of Appeal stating that 300 acres of the Muthurajawela Sanctuary had been encroached on by squatters under the protection of a UNP parliamentarian. Counsel Ravindranath Dabare who presented the case in the Court of Appeal told The Sunday Times that now it is the responsibility of the IGP to evict the squatters and unauthorised structures since the court has given the order.

By Nalaka Nonis
Despite the growing protest against the alleged land encroachment by UNP parliamentarian Olitha Premathiratne, the Government has not so far been able to pursue any action to evict the growing number of squatters at the site in Muthurajawela.

Though authorities had repeatedly stated that they would soon stop the illegal encroachment, the number of squatters and structures is increasing day by day.

The owner of the 99 acre property, Mr. Paul Perera told The Sunday Times that the number of squatters is increasing rapidly and that several permanent structures have come up lately making it difficult to evict people from the site.

He said that 67 permanent structures have already been built in the encroached land while more than 250 temporary structures have also been put up.

He said that Minister John Amaratunga had stated that he would take necessary action to evict the unauthorised dwellers but that the statement has still got to become a reality.

He alleged that much illegal activity such as prostitution and brewing and selling of illicit liquor is taking place in the land.

Mr. Perera has lodged three complaints in Seeduwa, Negombo and Peliyagoda police stations but so far none of his complaints are said to have been acted upon by the police. He also charged that the police had succumbed to political pressure from Mr. Premathiratne.

Mr. Perera added that the encroachment is persisting despite the British High Commission writing to Prime Minister Ranil Wickremesinghe asking for his intervention to evict the squatters as the land has been reserved for a multi-million rupee project by a UK company.

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