School land acquisition to Upper Kothmale Hydro Power Project: SC orders CEB to construct auditorium for school

The Supreme Court today ordered the Ceylon Electricity Board (CEB) to construct an auditorium for Thalawakele Tamil Maha Vidyalaya for its failure to build a new Auditorium as agreed in lieu of land acquisition to the Upper Kothmale Hydro Power Project.

The Supreme Court further ordered the Project Director of Hydro Power Project to pay Rs.25000 as cost to three petitioners, the members of the School Development Society.

Supreme Court three-judge-bench comprising Chief Justice Jayantha Jayasuriya, Justice L.T.B Dehideniya and S. Thurairaja declared that the Fundamental Rights guaranteed to the petitioner under the Article 12 (1) of the Constitution have been infringed by the CEB and Project Director of Upper Kothmale Hydro Power Project by not building the auditorium as agreed.

The petitioners, the members of the School Development Society of Talawakelle Tamil Maha Vidyalaya had filed this petition for the wellbeing of the school and the right to education of the students.

The alleged infringement is based on the failure of the respondents to build the new Auditorium of the school as agreed by them.

The school was relocated as the land on which previous buildings of the school was situated was acquired for Upper Kothmale Hydro Power Project.

The Petitioners complaint that the fundamental rights guaranteed in terms of Article 12(1) had been violated is based on the concept of legitimate expectation as they had such an expectation that the Respondents would construct the Auditorium building as promised in order to continue proper education of the students of Talawakelle Tamil Maha Vidyalaya.

The Court held that the arbitrary decision of the respondents to deviate from the initial plan due to extraneous reasons including intervention by political authority had resulted in a violation of the Article 12(1) of the Constitution.

Counsel Shantha Jayawardena with Thilini Vidanagamage appeared for the petitioners.

Deputy Solicitor General Yuresha de Silva, Nihal Jayawardena PC, Uditha Egalahewa PC with Malik Hannan and Ranga Dayananda appeared for the respondents. (Lakmal Sooriyagoda)