Chairman, Pradeshiya Sabha, Warakapola vs. Abusalee Sitti Fareeda – CA PHC/32/2011-2017

In the case between Chairman, Pradeshiya Sabha, Warakapola and Abusalee Sitti Fareeda, the court addressed whether the Chairman had the authority to initiate proceedings for demolition of an unauthorized building, and the propriety of procedural steps taken in the Magistrate’s Court. It was held that proceedings under the Urban Development Authority Act were validly instituted and that no procedural defect required dismissal of the application. The principle reaffirmed was that a local authority chairman can seek demolition of unauthorized constructions within a declared development area under the Urban Development Authority Act, with withdrawal of cases requiring strict adherence to section 189 of the Criminal Procedure Code. The decision emphasized the primacy of statutory procedure over