Sri Lanka’s Civil Appellate High Court has decisively rejected legal attempts by nearby residents to halt construction of Home Lands Group’s Pentara Residences in Thummulla, Colombo, and reinforcing judicial support for projects that have secured regulatory clearance and progressed without undue delay.
By an order issued on 11 December 2025, the Court refused leave to appeal and interim orders sought by residents challenging the Colombo District Court’s earlier refusal to grant urgent enjoining relief. The appellate judges concluded that there was no basis to interfere with the District Court’s decision to hear both parties at the interim injunction stage rather than stopping construction immediately.
A key factor influencing the ruling was the timing of the applications. The Court observed that the petitioners approached the judiciary after construction had been ongoing for several months, weakening claims of immediate harm. The bench explicitly referenced the equitable doctrine that undue delay can bar relief, noting that the legal action appeared structured to avoid its application.
The residents had alleged that construction activities—particularly piling and excavation—generated excessive vibration, dust and noise, adversely affecting their living conditions and health. They argued that urgent judicial intervention was necessary to prevent further disruption until the matter was fully adjudicated.
However, the District Court was not persuaded that the situation warranted emergency relief. Instead, it held that the appropriate course was to proceed with notice and a structured hearing on interim injunctions, ensuring procedural fairness to both sides. This approach was fully endorsed by the Civil Appellate High Court.
Importantly, the appellate court noted that the residents themselves acknowledged that several competent government agencies had already investigated their complaints. These included the NBRO, the Central Environmental Authority and the Electro Technology Laboratory, each of which assessed the alleged impacts prior to litigation.
Despite the filing of 12 separate cases by residents living close to the site, the Court dismissed all applications and ordered costs against the petitioners, effectively closing the door on attempts to secure immediate court-ordered stoppages.
Pentara Residences is positioned as the largest single residential real estate investment undertaken by a Sri Lankan developer. The US$100–110 million project consists of twin 40-storey towers and is being developed on nearly an acre of land acquired for Rs. 4.5 billion—an unprecedented transaction in Colombo’s property market.
The development is a BOI-approved venture and is financed with the support of Hatton National Bank PLC. Construction commenced following the issuance of a development permit by the Urban Development Authority, alongside full environmental and technical approvals from statutory bodies.
Home Lands Group was represented by a senior legal team led by President’s Counsels Ali Sabry, Kushan De Alwis and Eraj De Silva, while President’s Counsel Kuvera de Zoysa appeared for the residents.
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