K W Weerasingha vs Urban Development Authority – CA PHC 19/08-2014

In the case between K.W. Weerasingha and the Urban Development Authority, the court addressed whether a Magistrate’s order to demolish unauthorised buildings under section 28(5)(A) of the Urban Development Authority Act could be set aside by the High Court under its revisionary jurisdiction, specifically examining if the identity of the land in dispute affected the legality of the order. It was determined that the issue regarding the land’s identity had not been raised before the Magistrate, and the lower courts had properly exercised their authority in granting and upholding the demolition order. The holding reaffirmed the principle that appellate courts will not interfere absent exceptional circumstances, especially where statutory procedures have been observed. Reliance was placed on th