The petitioner alleged that the decision taken by the respondents to alienate about 60 Acres of land located 13 km to the South of the Deegavapi Raja Maha Viharaya (one of the 16 most venerated sites of Buddhists in Sri Lanka), to 500 Muslim famiies, infringes the rights guaranteed under article 10 and 12.

The Petitioner had a Building Plan approved for residential premises under section 8J(1) of the Urban Development Authority Act.