Would anyone in their right mind allow a construction that violates every rule and obligation?

A resident of Initium Road, Dehiwela lives in a house built within 10 perches of land according to the building regulations which prevailed at that time. However, on the western side of his boundary the Dehiwala-Mount Lavinia Municipal Council (DMMC) has approved a condominium building with four floors which has obstructed cross ventilation to his premises as well as the sunlight to a certain extent.

In 2014, the DMMC once again approved a condominium building consisting of 17 floors within 43 perches of land on the eastern boundary of his property. This is against all norms of the existing planning and building regulations. On an appeal made by the residents of this neighbourhood, the proposed development was cancelled at the request of the then Chairman of the Urban Development Authority.

Subsequently, the developer has managed to obtain approval from the DMMC and has recommenced the construction of the condominium building within the property on this resident’s eastern boundary. Furthermore the rear space for the condominium building ought to be on his side but the developer has omitted to do so without any valid reasons. This was first brought to the notice of the Minister of Megapolis vide letter dated 22/10/2015 on a public day and an encouraging verbal assurance from the Minister was given. It is also noteworthy that this same Developer has constructed a condominium building at No 20,2nd Lane Dehiwala, which is also against planning and building regulations, notwithstanding which people are occupying same.

Since no action has been taken up to date, the resident appealed to the UDA Chairman vide letter dated 27/04/2016 regarding the suspicious pile driving taking place within the said premises. The developer thereafter halted his development for some time and has now restarted it at a slower pace. Hence the resident wrote another letter to the UDA Chairman on 05/07/2017 and met him personally with three other residents of Initium Road. They were told that he has seen the notice sent to the developer to cease the development.

However, to the resident’s dismay he has heard recently that the UDA has approved this development for a number of floors exceeding the stipulated amount of floors specified and permitted in the planning and building regulations. They have allowed the use of the rear space of the building contrary to the said regulations, thereby not only denying the entire cross ventilation to his house but also proper sunlight.

Can this development be construed as a healthy development? Will any learned professional in town planning be able to justify it as a proper development? Prof.Priyanka Seneviratne who has worked in 38 countries in three continents has stated that he has “never seen such blatant violation of every rule of law and obligations by all parties to construction contracts anywhere, except in India and Bangladesh” (The Sunday Times - 03/09/2017).

This resident’s predicament may appear to be pathetic, but is there anybody in this beloved country capable of dispensing justice? Disappointed Via email