Kuragamage Harischandra Perera vs Muniyandy Paneer Selvam – SC APPEAL NO. 123/09-2012

In the case between Kuragamage Harischandra Perera (Substituted Applicant–Petitioner–1st Respondent–Petitioner) and Muniyandy Paneer Selvam, with the Attorney-General’s Department as Respondent, the court addressed the scope of delegation of powers under the Urban Development Authority (UDA) Law, specifically the interpretation of Sections 23(5) and 28A (as amended by Act No. 4 of 1982). It was held that the provisions in Section 28A(3) are encompassed within “planning” and that the UDA is empowered to delegate its authority to local government officers concerning planning and enforcement actions. By setting aside the Court of Appeal’s earlier judgment and reinstating the mandatory demolition order from the Magistrate’s Court dated 28th April 2006, the legal principle reaffirmed was that s