Trustees of the Sir Mohamed Macan Markar Trust vs Fernando and Another – sllr 2004 volume 2 page 353

In the case between the Trustees of the Sir Mohamed Macan Markar Trust (Plaintiff) and Fernando and Another (Defendant), the court addressed whether the notice issued under Section 28A(1) of the Urban Development Authority Act was clear and unambiguous, and whether proper delegation of authority existed for the institution of demolition proceedings. It was held that the notice met the threshold for clarity and that a legal presumption existed favoring the regularity of official acts. The objections by the High Court to the process—including on the grounds of ambiguity of notice and delegation—were overruled, and the original demolition order for the unauthorised structure was restored. The decision reaffirmed the principle that official actions performed under statutory authority carry a p