HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2018 The Commission found that the forfeiture of the complainant's land and property by the Minister under power vested in him by Regulation 7(1) has not been made consequent to a proper inquiry into the matter. The Commission was also guided by the judgment of the Supreme Court in SCFR application No: 15/2010 in which it was held that the decision to forfeit the property was arbitrary and unreasonable and the forfeiture illegal since the Minister had not complied with the principles of natural justice nor established that the property concerned belonged to a proscribed organization. On the strength of these findings, the Commission found that the fundamental rights of the complainant as guaranteed by Article 12(1) of the Constitution have been infringed by the State. Therefore, it was recommended that the order of forfeiture be revoked and the property restored to the complainant, forthwith. The Commission also directed the payment of Rs. 300,000/- as compensation and costs to the complainant by the State. ▪ Inaction against unauthorized constructions (Complaint No. HRC/912/14/I-23) The Commission concluded that the Urban Council of Kesbewa and the Urban Development Authority in Battaramulla have acted contrary to section 28(a)(3) of the Urban Development Authority Act by not acting on a complaint by the petitioner against an unauthorized construction. The inaction of the authorities was found to be a violation of the petitioner’s rights under article 12(1) of the Constitution. The Commission directed the authorities to take requisite action in accordance with the Urban Development Authority Act. ▪ Non-payment of compensation to a public servant injured in an accident while on duty (Complaint No. HRC/AP/236/2014) In this instance, the Commission found that the non-payment of compensation to the petitioner who was involved in an accident while on duty violated the petitioner’s right to equality before the law and equal protection of the law under article 12(1) of the Constitution. The petitioner, a public servant in the health sector, had been involved in an accident while on his way to work and was subsequently declared by 51

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