SC cancels business permit of Royal Institute, Nugegoda; orders demolishing of illegal buildings belonging to the institute

The Supreme Court today ordered the Sri Jayawardenapura Kotte Municipal Council to cancel all permits granted to Royal Institute to carry on the business of an International School, at Chapel Lane in Nugegoda.

Further the court ordered the Urban Development Authority (UDA) and the Kotte Municipal Council to demolish all illegal constructions pertaining to the buildings belonging to Royal Institute, Nugegoda. In addition, three months time was given from today to comply with the judgement.

The case was taken up following a petition filed by 16 individuals living down Chapel Lane who claimed in their petition that running a private school or an international school down Chapel Lane is illegal as well as the constructing of the two high rise buildings that the Institute owns.

Further the petitioners claimed that their fundamental rights were being violated under Article 12 (1) and 14(1)(h) of the constitution. As such they petitioned the court to grant relief by demolish all illegal constructions, to cancel all permits to Royal Institute to carry on the business of an international school and to evict Royal Institute from its premises at Chapel Lane.

The order was issued when the case was taken up before a two-member judge bench comprising President's Counsel Piryantha Jayawardena and L.T.B. Dehideniya today (Apr 03).

While issuing the verdict, the court ruled that the two buildings belong to Royal Institute bearing assessment Nos. 10 and 12 (which is under construction) were in violation of the Planning and Building Regulations of the UDA in 2005. 

During the proceedings it was revealed that the Institute was in the process of constructing a high-rise building on a 25 perch block. However as per the Planning and Building Regulations of the UDA in 2005, it is prohibited to construct a high rise building in excess of 5 stories including the ground floor unless the plot of land is 40 perches and is located adjoining a street which is more than 12 metres in width.

The respondents admitted that the buildings would comprise 10 upper floors including a basement, ground and a mezzanine floor, these constructions have been located in a street which is only 6.1 metres wide on a land spanning 24 acres.

In addtion, the respondents had claimed that they had already received the permit to engage in these constructions.

The Attorney General, Police Chief Pujith Jayasundara, UDA, Mayor of the Sri Jayawardenapura Kotte Muncipal Council, General Manager of Railways, and GT Bandara - the owner of the building were among the 18 respondents in the case.