A Fundamental Rights Petition filed in Supreme Court today by the Ceylon Petroleum Common Workers’ Union seeking a Court order to take back the unlawful possession of the oil storage facility at China Bay Installation by the Lanka Indian Oil Company Pvt (LIOC) to the State.
The Petitioners stated that the LIOC had entered into a taking over agreement with the Secretary to the treasury on 7th of February 2003 in search of oil storage facility in the China Bay Installation and the land appurtenant for a period of thirty five years.
The Petitioners say that there was a lease agreement needed to be executed within six months from the date of said take over agreement. However, the validity of the taking over agreement lapsed on 7th of August 2003 and the parties had failed to execute a lease agreement within six months, therefore, the petitioners alleged that the LIOC possesses the China Bay Installation and land appurtenant currently without any valid authority since it still vested with the authority of the State.
They said that the LIOC had possessed the so-called public property for more than thirteen years because no responsible party managed to take suitable actions to take back China Bay Installation.
The petitioners stated that the failure of the respondents to get back the possession of the China Bay Installation from the LIOC was an administrative/executive action within the meaning of the Article 126 of the constitution, therefore the state have continuously infringed the fundamental rights (Article 12(1) of the Constitution) of the citizens in the country.
They sought court declarations over the unlawful possession of the China Bay Installation by the LIOC, violation of the Constitute when the taking over agreement was signed between parties and the illegality of the so-called agreement.
Petitioners also sought a court direction to fine LIOC with any sum of money which is legally owed to pay by the LIOC to the state.
Petitioners, S.de.S. Rajakaruna and Asoka Sapumal Ranwala had cited 52 respondents along with 45 Cabinet Ministers, Prime Minister Ranil Wickramasinghe, Secretary to the President P.B. Abeykoon, Secretary to the Ministry of Finance, Secretary to the Treasury, Ceylon Petroleum Corporation, Lanka Inian Oil Company, and the Attorney General.
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