Viran Corea with Gehan Gunetileka, and S.A. Beling for petitioner.
Anil Silva with Nandana Perera for 1st, 4th respondents.
The Petitioner had a Building Plan approved for residential premises under section 8J(1) of the Urban Development Authority Act. The construction was suspended by the approving authority upon the respondents (residents of the area) had complained that the activities and rituals in the premises constituted public nuisance. Petitioner sought a writ of certiorari to quash the decision of cancelling the building plan approval.
FoRB violation – Conscience (i.e. having or adopting a religion of one’s choice); Discrimination
(1) Once approval is granted under Section 8(i) of the UDA Act it is the duty of the petitioners to construct the buildings according to the approval granted.
(2) The respondents have not complained that the petitioners have violated any term or condition in the building permit.
(3) The objection is for the use of musical instruments in high volume and unusually loud religious activities causing breach of peace and sound pollution. There objections are not related to the building that is going to be constructed but it is in relation to an existing state of affairs in relation to an existing building.
(4) The complaints of the use of musical instruments in high volume and unusually loud religious activities causing breach of peace and sound pollution are not related to the building that was approved to be constructed – if the state of affairs is to be controlled these respondents or any other person affected could take action according to law to curtail that situation