C.G. Perera vs Chairman (Now Secretary) Officer exercising powers under the Urban Development Authority Act, Pradeshiya Sabha of Kelaniya – CA PHC 214/2018-2023

In the case between the Applicant-Petitioner (initially seeking demolition of a boundary wall) and the Respondent-Petitioner C.G. Perera, the court addressed the issue of whether the boundary wall constructed by C.G. Perera was an unauthorized construction under the applicable urban development regulations. It was determined that the demolition orders previously granted were erroneous, as the evidence substantiated that a building permit had been issued in 1992, and no substantial proof was produced to challenge the permit’s authenticity or registration. The court reaffirmed that the burden of disproving the validity of the permit fell upon the Applicant-Petitioner, particularly when relevant records were under the control of the local authority. Reliance was placed on established legal pr