The Civil Appellate High Court of the Western Province has refused leave to appeal and interim relief sought against Home Lands Group’s flagship Pentara Residences project in Thummulla, Colombo, delivering a significant legal victory for the developer and allowing construction to proceed uninterrupted.
In an order dated 11 December 2025, the Court dismissed all applications filed by residents living near the construction site, upholding an earlier ruling by the Colombo District Court. The appellate bench ruled that the lower court had acted correctly in declining to issue urgent enjoining orders and in deciding to hear both parties fully at the stage of interim injunctive relief.
The Court further observed that the petitioners’ actions appeared calculated to circumvent the equitable principle that “delay defeats equity.” It noted that construction had been ongoing for several months before the applications were filed, undermining claims of urgency that would justify immediate judicial intervention.
Residents in the vicinity of the project had raised concerns over excessive noise, vibration and dust arising from piling, excavation and the use of heavy machinery. On this basis, they sought urgent court orders to halt construction pending the outcome of legal proceedings, arguing that the works interfered with their health and the peaceful enjoyment of their properties.
However, the District Court found that the construction had already progressed for a considerable period and ruled that the threshold of urgency required to grant an enjoining order had not been met. Instead, it directed that the matter be taken up after notice, allowing both sides to present their cases at the interim injunction stage.
In affirming this reasoning, the Civil Appellate High Court highlighted that the plaint itself acknowledged inspections and inquiries conducted by multiple state institutions, including the National Building Research Organisation (NBRO), the Central Environmental Authority (CEA), and the Electro Technology Laboratory. These agencies had examined the residents’ complaints prior to the filing of court action.
The plaintiffs who filed 12 separate cases—include several professionals and homeowners residing in close proximity to the development site. Despite the multiplicity of applications, the appellate court refused leave to appeal in all cases and awarded costs against the petitioners.
Pentara Residences is a 40-storey twin-tower luxury residential development approved by the Board of Investment, with a total investment estimated between US$100 million and US$110 million. Home Lands Group acquired nearly one acre of prime Colombo land for the project at Rs. 4.5 billion, marking the largest land transaction ever recorded in the city.
The project, backed by Hatton National Bank PLC, commenced construction after receiving development approval from the Urban Development Authority and securing all statutory and environmental clearances, including NBRO and Environmental Consultative Committee approvals.
Legal representation for Home Lands was led by President’s Counsels Ali Sabry, Kushan De Alwis and Eraj De Silva, while the residents were represented by President’s Counsel Kuvera de Zoysa and his legal team.
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