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COLOMBO (News 1st); Regarding the land claimed by the Sri Sambuddha Jayanthi Bodhiraja Vihara in Trincomalee, the Court of Appeal scheduled the hearing for December 16 to consider a petition seeking an order to prevent the enforcement of a directive issued by the Coastal Conservation Department to demolish a section of the temple premises.
The petition was filed by Ven. Thrikunamalaye Kalyana Vansha Thissa Thero, the Chief Incumbent of the Trincomalee temple.
The case was called before the bench comprising Justices Dhammika Ganepola and Adithya Patabendi of the Court of Appeal.
Appearing on behalf of the petitioner under the instructions of Attorney-at-Law Isuru Edirisinghe, Counsel Shane Foster informed the court that the land on which the temple stands had been granted as a donation by former President Mahinda Rajapaksa.
He pointed out that on July 18, the Director General of the Coastal Conservation Department had issued a letter ordering the removal of unauthorized constructions on the said land.
Counsel further stated that although an appeal was submitted to the Secretary of the Ministry of Environment, the appeal was dismissed without granting the petitioner an opportunity to be heard or to present facts, which he argued was contrary to the law.
Representing the Director General of the Coastal Conservation Department, Deputy Solicitor General Manohara Jayasinghe informed the court that an approved plan exists for the temple premises.
He emphasized that any new construction beyond the approved plan is unlawful and that the Coastal Conservation Act empowers authorities to remove such unauthorized structures.
Justice Dhammika Ganepola observed that the matter should be resolved amicably.
He suggested that officials from the Coastal Conservation Department visit the site, inspect the constructions, and determine whether any irregularities exist.
Both parties agreed to this proposal, and the court directed that the site inspection be carried out and observations submitted before deciding on further steps.
The judges also instructed both parties to maintain peace and avoid unnecessary disputes until the process is completed.
The petition is scheduled to be taken up for hearing on December 16.
