Earlier today (04 April), the Urban Development Authority (UDA) formally withdrew the case it had filed before the Magistrate’s Court of Mount Lavinia, seeking a demolition order against the Bathiya Mawatha Mosque in Dehiwala. This marks the end of a prolonged legal battle over the mosque’s existence and development.
The origins of this case trace back to 2014, when ultra-Buddhist groups lodged complaints with local police against the mosque. However, after the submission of necessary registration documents, the police nullified the complaint at the local level.
In 2015, responding to renewed complaints from racially motivated elements, the UDA filed an action before the Magistrate’s Court, citing unauthorized construction on the mosque premises. The Trustees opposed this application, asserting that all necessary permits were in place. A technical objection raised by the Trustees’ legal team ultimately compelled the UDA to withdraw the action.
Amidst continued harassment, numerous complaints were filed with the Human Rights Commission and other law enforcement authorities regarding the treatment of the mosque.
In April 2019, the UDA initiated fresh legal proceedings before the Magistrate’s Court. In response, the Trustees filed a Writ Application before the Court of Appeal. The Court of Appeal, upon hearing the matter, issued a Stay Order against the UDA and called for the original case record from the Magistrate’s Court.
As legal proceedings continued, the Trustees engaged in discussions with the UDA to amicably resolve the dispute. These negotiations led to an expansion of the mosque’s land capacity and further compliance work to meet UDA requirements. Consequently, in late 2024, the UDA issued a new building development permit to the Trustees.
With these developments in place, the UDA informed the Magistrate’s Court today of the resolution and formally withdrew its legal action, bringing the long-standing dispute to a close.
Senior Attorney Mr. Shiraz Noordeen played a pivotal role in defending the mosque at every stage, initially assisted by Attorneys Rusdhie Habeeb, Shafraz Hamza, Mahesh Berugoda, and Maithri Gunaratne PC. Later, Attorney-at-Law Pasan Weerasinghe represented the Trustees in both the Magistrate’s Court and dealings with the UDA. In the Court of Appeal, the Trustees were represented by Pasan Weerasinghe and Anjana Rathnasiri, under the leadership of President’s Counsel Saliya Peries.
Efforts were also made by political leaders to facilitate a peaceful resolution. Former Ministers Fawzi and Prasanna Ranathunga played key roles in the settlement process.
The determination of the Bathiya Mawatha Mosque Trustees to uphold justice and seek an amicable resolution sets a commendable precedent for mosque trustees across the country.
