Civil Appeals Court refuses injunctions with costs – Home Lands continues with Pentara construction

The Civil Appellate High Court of the Western province by order dated December 11, 2025, refused to issue leave to appeal and interim orders against the landmark Pentara Residencies project in Thummulla, Colombo.

In refusing the interim reliefs sought with costs, the Civil Appeals Court held that the District Court was justified in declining to consider an enjoining order and in deciding to hear both parties on the application for interim injunction.  

The Civil Appeals Court in refusing to grant the reliefs sought also held that the present action of the petitioners appears designed to avoid the application of the equitable maxim “delay defeats equity”. The court noted that the respondent Homelands, having obtained all necessary approvals from the relevant authorities, has been engaged in the construction process for several months.

The petitioners, residents in the vicinity, had raised concerns regarding noise, vibration and dust and sought enjoining orders against Homelands from the District Court of Colombo. The District Court did not grant the enjoining orders sought, as it noted that the construction had taken place for several months and accordingly, the court was not satisfied that the urgency required for the grant of an enjoining order existed. 

The Civil Appellate High Court in making its ruling refusing the leave to appeal and the interim orders sought by the petitioner also noted that the plaint itself recognised that three separate government bodies had inspected and inquired into the concerns raised by the plaintiffs, including the National Building Research Organisation (NBRO), Central Environmental Authority (CEA) and Electro Technology Laboratory. 

The plaintiffs being residents living in close proximity to the construction site had filed 12 separate actions in the District Court of Colombo. The plaintiffs included Dr. Radheeka Ranmali Abeyweera, Dulanie Priyantha, Gunasekara Siriwardane, Sohan Mario Anthony Thilina Fernando, Wanni Arachchi Appuhamilage Chinthaka Jinadasa Wijewickrama, Angulugaha Gamage Imesha Anudhini Wickramapala, Wickramapala Chitrangani, Lakshman Balasuriya, Janine Champika Dilrukshi Balasuriya and Nikamal Milinda Weerasooriya.

The plaintiffs had complained that piling, excavation and the use of heavy machinery had caused excessive noise, vibration and dust, adversely affecting their health and interfering with the peaceful enjoyment of their properties. On that basis, they sought enjoining orders temporary and urgent relief seeking to immediately stop construction pending further proceedings.

At the initial stage, the District Court declined to grant such relief and directed that the matters be taken up after notice at the stage of interim injunctive relief. The residents then appealed to the Civil Appellate High Court. The Civil Appellate High Court was pleased to uphold the reasoning of the District Court stating that it found no reason to disagree with the District Court’s view and refused leave to appeal with costs in all 12 applications made by the plaintiffs-petitioners.

Home Lands Group’s 40-storey twin-tower residential development Pentara Residencies in Thummulla, Colombo, is a Board of Investment (BOI)-approved project, with an investment of US $ 100–110 million (amounting to Rs.30-35 billion), which is the largest residential real estate investment by a single Sri Lankan developer. The project is backed by Hatton National Bank PLC, with large-scale funding for land acquisition. Home Lands successfully acquired nearly one acre of Colombo city land for the project at a record Rs.4.5 billion, marking the largest land transaction in the history of Colombo.

Construction of Pentara Residencies in Thummulla commenced following its launch this year, after being awarded the Development Permit by the Urban Development Authority (UDA). Having obtained all statutory and environmental approvals, including the approval from the National Building Research Organisation (NBRO) and environmental approval from the Environmental Consultative Committee (ECC), the project is fully cleared, compliant and on track with its plan to build Colombo’s most iconic ultra luxurious 40-storey twin tower residential complex.

Ali Sabry PC, Kushan De Alwis PC, Eraj De Siva PC with Shanaka Coory AAL, Rajiv Wijesinghe AAL, Naamiq Nafath AAL, Shamith Fernando AAL, Aklanka Ukwatte AAL, Daminda wijayaratne AAL and Sanjana Mapatuna AAL, instructed by Sudath Perera Associates, appeared for the defendants-respondents. 

Kuvera de Zoysa PC, with Ishan Alawaturage and Harshula Yapa AAL, appeared for the plaintiff- petitioners.