Jambugahawaththage Dona Kalyani Kumari Vs. Urban Development Authority – CA PHC APPLICATION NO: 141/2017-2022

In the case between Jambugahawaththage Dona Kalyani Kumari (Appellant) and the Urban Development Authority (Respondent), the court addressed the issue of whether a tenant, as opposed to the legal owner, can be served with notice and be made subject to a demolition order under Section 28(A)(3) of the Urban Development Authority Act. It was held that service of notice and demolition orders may be directed at tenants, as ownership is not essential for liability under the Act, and that lack of a valid permit is fatal to such a defense. The principle was reaffirmed that parties must approach the court with clean hands, and the absence of a permit along with inaccurate statements precluded relief. Reliance was placed on statutory interpretation of Section 28(A)(3) and prior judicial authority, u