Sampur: Stay order not extended

The Supreme Court yesterday refused to extend the Interim Order staying the operation of the gazette notification issued by the President revoking the land grant made to the Board of Investment (BoI) at Sampur in Trincomalee.

This block of land had been leased out to the Sri Lanka Gateway Industries (SLGI) for the setting up of a Special Heavy Industrial Zone.

The Bench was to comprise Chief Justice K. Sripavan, Justices Priyantha Jayawardane and Upali Abeyratne but Justice Priyantha Jayawardane was not present.

The Court directed all parties to maintain the status quo and fixed June 15 to take up the fundamental rights petition filed by the SLGI and the FR petition filed by the Sampur residents to be taken up before another bench. The SLGI in its petition said it was severely affected and prejudiced by the purported order made by the President cancelling and annulling the special land grant made to it by the Board of Investment.

As respondents, the petitioner cited the BOI, Trincomalee Government Agent, Land Commissioner General, Minister of Highways and Investment Promotion, its Secretary, Cabinet Secretary, Secretary to the Ministry of Resettlement, Reconstruction and Hindu Religious Affairs, Secretary to the Ministry of Lands and the Attorney General.

On May 15 the SC granted limited interim relief to SLGI staying the gazette notification issued by the President.

Aggrieved by the stay order, the residents and owners of the lands in Sampur filed an intervenient petition.

The petitioners state that they were residing and cultivating their land for decades and were in possession thereof till their displacement due to the increased hostilities in 2006.

They state though the hostilities in the East ended in 2007, they and their families were unable to return to their properties. They said the regulations were issued under Public Security Ordinance published in a May 30, 2007 Gazette declaring the land owned by them as a High Security Zone. They said they have been unable to return to their lands and rebuild their lives despite the assurance of the then economic development minister Basil Rajapaksa who stated in Parliament on October 21, 2011 that people whose land was used for the coal power plant could return to their land. Deputy Solicitor General Viraj Dayaratne appearing for the AG, Ronald Perera PC appearing for the BOI and M.A. Sumanthiran appearing for the intervenient petitioners opposed the stay order being extended.

Gamini Marapone PC with Uditha Egalahewa PC, Sanjeewa Jayawardene PC, Navin Marapone and Ranga Dayananda appeared for the SLGI. K. Kanag Iswaran PC with M.A. Sumanthiran, Bhavani Fonseka and Juanita Arulananthan instructed by Moahan Balendra appeared for the intervenient petitioners.