Suraiya Akbarally vs Urban Development Authority – CA WRIT 194/2017-2024

In the case between Layards Road residents (as Petitioners) and the Urban Development Authority, Colombo Municipal Council, and related statutory authorities (as Respondents), the court addressed the legal validity of granting a Preliminary Planning Clearance (PPC) and subsequent Development Permit for a multi-storey building exceeding the prescribed limit under the City of Colombo Development Plan (Amendment)-2008. It was determined that although permits were granted for construction exceeding the five-floor cap in a Special Primary Residential Zone, the statutory framework—particularly Sections 8G and 8J of the Urban Development Authority Act—did not preclude such issuance. The court held that issuance followed due legal process, and allegations of ultra vires action or procedural fraud

REF: CA WRIT 194/2017-2024 Category: Tag:
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