Samsudeen Sithy Fareeda & Fathima Jiffriya Shafi vs The Municipal Council Matale, The Mayor, The Municipal Council Matale, and The Municipal Commissioner The Municipal Council Matale – SC APPEAL 65/2014-2020

In the case between Samsudeen Sithy Fareeda and Fathima Jiffriya Shafi (Plaintiff-Appellant-Respondents) and the Municipal Council, the Mayor, and the Municipal Commissioner of Matale (Defendant-Appellants/Respondents), the court addressed the issue of whether the Urban Development Authority (UDA) had validly delegated its powers, under Section 23(5) of the UDA Act No.41 of 1978, to the Defendant-Appellants for the issuance of demolition orders. It was held that the UDA had duly delegated these powers, and the demolition order issued against the plaintiffs’ boundary wall—constructed on state-acquired land—was legally valid. The principle reaffirmed is that proper delegation of statutory authority empowers local bodies to take lawful action concerning unauthorized constructions. This decisi