The Civil Appellate High Court of the Western Province by Order dated 11 th December 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 recognized that three separate
Government bodies had inspected and inquired into the concerns raised by the Plaintiffs
including the the National Building Research Organisation (NBRO), the Central Environmental
Authority (CEA), and the 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.
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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
USD 100–110 million (amounting to LKR 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 approval from National
Building Research Organization (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.
Mr.Ali sabry PC, Mr.Kushan De Alwis PC, Mr. Eraj De Siva PC with Mr.Shanaka Coory AAL,
Mr.Rajiv Wijesinghe AAL,Mr.Naamiq Nafath AAL,Mr.Shamith Fernando AAL,Mr.Aklanka
Ukwatte AAL,Mr.Daminda wijayaratne AAL and Mr.Sanjana Mapatuna AAL instructed by sudath
perera associates appeared for the Defendants-Respondents
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Mr Kuvera de Zoysa PC with Ishan Alawaturage and Harshula Yapa AAL appeared for the
Plaintiff- Petitioners
