Sisira Poson Nanayakkara vs H.M.A.Piyasena – CA PHC/140/2004-2017

In the case between Sisira Poson Nanayakkara (on behalf of the Colombo Municipal Council) and H.M.A. Piyasena, the court addressed the issue of whether the Colombo Municipal Council possessed the authority to initiate legal action for the demolition of unauthorized construction under the Urban Development Authority Act. It was held that the statutory power could validly be delegated to officers of the Council and such authority was exercised properly in the present matter. The principle established reaffirms that a party who has submitted to the jurisdiction of the court cannot later contest the authority of the party initiating proceedings, especially where statutory delegation is established. Reference was made to Section 23(5) of the Urban Development Authority Act, reinforcing procedur