SC ordered return of illegally acquired building & compensation

The Supreme Court yesterday ordered to the state to a pay compensation  of Rs 500,000 to a Sri Lankan couple now living in Switzerland after it was revealed that the government had acquired a building owned by them in Wellawatte on the grounds that it was used for terrorist activities.

The couple in a Fundamental Rights application had stated that the house had been acquired using powers of the then Defence Minister , former President Mahinda Rajapaksa without valid reasons or without a reasonable inquiry.

The bench comprised of Chief Justice Priyasath Dep, Justice Buweneka Aluvihare and Justice Anil Gooneratne.

The petitioners were Shivaraja Nagaraja and Shivaraja Sarojini

President’s Counsel  Saliya Peiris appearing for the petitioners told courts that their Fundamental Rights had been violated by the actions.

The Court ordered that the  building (three floors)  located at Chapel Lane, Wellawatte be returned to the owners within eight weeks.

The acquisition took place after three suspected LTTE members were arrested from the building  which had been rented out . The caretaker of the building too had been arrested, but the Terrorism Investigation Division (TID) had not informed that the building belonged to the two petitioners.

The Defence Ministry held no inquiry and making use of the powers of the Defence Minister the building was taken over.

Attorneys at law Thanuka Nandasiri, Asthika Devendra and Rukshan Nanayakkara appeared with Mr Peiris, PC for the petitoners while Deputy Solicitor General Shanaka Peiris appeared for the respondents.

(By Manopriya Gunasekara)