Ceylinco Homes International (Lotus Tower) Limited v. Dr.R.H.S.Samarathunga et al. – NO. 20/2017-2017

In the case between Ceylinco Homes International (Lotus Tower) Limited (Plaintiff) and Dr. R.H.S. Samarathunga, Secretary to the Treasury, Kalinga Indatissa (Competent Authority under the Act), Urban Development Authority, Sino Lanka Hotels & Spa (Pvt) Ltd, and the Hon. Attorney General (Defendants), the court addressed the lawfulness of the State’s divesting and takeover of property under the Revival of Underperforming Enterprises or Underutilized Assets Act No. 43 of 2011, and whether such takeover could be challenged via writ remedies after a significant lapse of time. It was held that excessive and unexplained delay (laches) in filing for discretionary writ relief, including five years of inaction and the Petitioner’s prior acceptance of compensation, barred maintainability of the appl