Thirimavithana vs. Urban Development Authority and Others – sllr 2010 volume 2 page 262

Brief
In Thirimavithana and Others (residents of Jayanthipura Housing Scheme) v. Urban Development Authority and Others, the court considered whether the Urban Development Authority (UDA) was statutorily empowered under Section 18 of UDA Law No. 41 of 1978 to alienate land, formerly used as a playground, without prior ministerial approval. The process of physicalhandover and alienation was reviewed for compliance with statutory requirements and adherence to principles of fairness, natural justice, and legitimate expectation arising from prior UDA assurances. It was held that the UDA’s actions were ultra vires, lacking proper ministerial approval at the time required, and that the residents had enforceable legitimate expectations based on prior representations. The court issued a writ of ce