The Civil Appellate High Court of the Western Province, by Order dated 11th December 2025, has refused to grant Leave to Appeal and Interim Orders against the Pentara Residencies project in Thummulla, Colombo.
In its decision, the Civil Appeals Court dismissed the interim relief sought, awarding costs and holding 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 Court further found that the petitioners’ current action appeared to be an attempt to circumvent the equitable principle that “delay defeats equity.” It was noted that the respondent, Homelands, had secured all necessary approvals from the relevant authorities and had already been engaged in construction for several months.
The petitioners, who are residents in the vicinity of the project, had expressed concerns over noise, vibration, and dust, and had sought enjoining orders from the District Court of Colombo to halt construction activities by Homelands. The District Court, however, declined to grant those orders, observing that construction had been ongoing for several months and that the urgency required for such relief was not present.
In its ruling, the Civil Appellate High Court also noted that the plaint acknowledged inspections and inquiries into the residents’ concerns by three government bodies: the National Building Research Organisation (NBRO), the Central Environmental Authority (CEA), and the Electro Technology Laboratory.
The plaintiffs, comprising 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, had filed 12 separate actions in the District Court of Colombo. They alleged that piling, excavation, and the use of heavy machinery had caused excessive noise, vibration, and dust, adversely impacting their health and the peaceful enjoyment of their properties. On this basis, they sought urgent enjoining orders to immediately halt construction pending further proceedings.
At the initial stage, the District Court refused to grant such relief and directed that the matter be heard after notice at the interim injunctive relief stage. The residents then appealed to the Civil Appellate High Court, which upheld the District Court’s reasoning, stating that it found no reason to disagree with the District Court’s position. Accordingly, the High Court refused Leave to Appeal with costs in all 12 applications made by the plaintiffs-petitioners.
The Pentara Residencies project, developed by Home Lands Group, is a 40-storey twin-tower residential development in Thummulla, Colombo. The Board of Investment (BOI)-approved project represents an investment of USD 100–110 million (LKR 30–35 billion), marking the largest residential real estate investment by a single Sri Lankan developer. The project is financially supported by Hatton National Bank PLC, which provided substantial funding for land acquisition. Home Lands acquired nearly an acre of Colombo city land for the project at a record Rs. 4.5 billion, the largest land transaction in Colombo’s history.
Construction of Pentara Residencies commenced this year following the project’s launch and the award of a Development Permit by the Urban Development Authority (UDA). Having obtained all statutory and environmental approvals, including those from the NBRO and the Environmental Consultative Committee (ECC), the project is fully compliant and proceeding according to plan to deliver one of Colombo’s most iconic ultra-luxury residential complexes.
Legal representation for the Defendants-Respondents was provided by Mr. Ali Sabry PC, Mr. Kushan De Alwis PC, Mr. Eraj De Siva PC, along 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. Mr. Kuvera de Zoysa PC, with Ishan Alawaturage and Harshula Yapa AAL, appeared for the Plaintiff-Petitioners.
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