BUDDHIST MONKS AND LAYMEN TO RESIST
Trestricted for public use causing intense pain and suffering to the residents of Kandy due to the massive traffic flow along the road.
Chrishmal Warnasuriya appeared for the intervenient petitioners Mihimadale Mithuro and Mahanuwara Parisara Saha Saukya Surekime Sanvidanaya who support the petition. Jagath Wickremanayake appeared for another intervenient who also support the Petition.
They state that they are concerned and affected by the health issues, environmental pollution and economic detriments caused as a direct result of the said restriction.
They state the said road, approximately 600 metre stretch of the A 26 Road passes along the southern boundary of the Dalada Maligawa and the relevant intersection has been the only gateway for three main Roads (A 1, A 9 and A 26) which connects a number of provinces and this Road is used by approximately over 10,000 vehicles a day.
They state the said stretch of A 26 (Kandy – Mahiyangana – Padiyatalawa Road) was an intersection continued to be a vital part of the day to day travel of the residents of Kandy until its closure in 1998 following the terrorist attack on 25th January 1998.
They claim that the terrorist attack was not carried out using the said stretch but the Raja Veediya which is not closed to-date. Mahindra Ratwatte .
Sanjeeva Jayawardane PC with Charitha Rupasinghe and Asoka Niwunhella appeared for Diyawadana Nilame and Asgiriya Chapter, Vishnu Maha Devalaya and Kandy City Centre. Romesh de Silva PC appeared for Sri Pushpadana Society and Sinhala Eksath Sangamaya.
Nihal Jayamanne PC appeared for Kandy YMBA and Kandy Buddhist Association. Manohara de Silva PC appeared for Basnayake Nilames of Pitissara Devalayas. Rohan Sahabandu PC appeared for Basnayake Nilame of Patthini Devalaya. Faisz Musthapha PC appeared for Kandy Tamil Traders’association and Nuwara Sinhala Velendha Samithiya.
Petitioners claim that they are individually and jointly and actively engaged in the efforts to bring the said A 26 Road back to full and free public use as a portion of it has been he Supreme Court re-fixed for support on October 5 the granting of leave to proceed with the Fundamental Rights petition filed in a bid to re-open the portion of the A 26 road (part of which passes along the southern boundary of Kandy Dalada Maligawa).
The matter came up before the Bench comprising Justices Sisira J. De Abrew, Lalith Dehideniya and Murdu N. B. Fernando.
J.c.weliamuna PC appeared for the petitioners in the main petition namely K. Mudiyanselage Keerthi, H.M. Dayananda, J.M. Mahinda and R. Chandrarathne. They cited Road Development Authority, IGP, Minister of Higher Education and Highways Lakshman Kiriella, Attorney General and others as Respondents.
Buddhist monks and laymen who intervened to resist the rights petition in one intervening petition are Diyawadana Nilame of Sri Dalada Maligawa Pradeep Nilanga Dela, Ven. Anamaduve Sri Dhammadassi Anunayake Thera, Ven. Vendaruve Sri Upali Anunayake Thera,ven. Medagama Dhammananda Thera, Narampanave Ananda Thera, Ven. Muruddeniye Dhammarathana Thera, Ven. Kahawaththe Saranankara Thera, Members of Asgiri and Malwathu Karaka Sanga Sabhas, Sri Vishnu Mahaa Devalaya Basnayake Nilame Bid to re-open Dalada Maligawa Road: