W. A. Gunawardhana & K B Vidanalage Dammika Namal Muthugala vs Deshni Irish Janes – CA PHC APN 36/07-2014

In the case between W.A. Gunawardhana, K.B. Vidanalage Dammika Namal Muthugala (officers under the Urban Development Authority Act, Dehiwela-Mt. Lavinia Municipal Council) and Deshni Irish Janes, the court addressed the issue of whether an application to the Magistrate’s Court seeking a demolition order under Section 28(3) of the Urban Development Authority Act was valid in light of alleged improper delegation of authority. It was held that, following the Supreme Court’s decision in SC Appeal No. 123/09 which overruled the precedent of Muniandy vs. Kumarage, the Urban Development Authority may delegate authority to officers. Accordingly, a preliminary objection raised on that ground could not be sustained, though the respondent may raise the issue further if warranted. This decision reaffi