Ivo Fernando Vs. Mudaliarachchige Somasiri – CA PHC 26/2000-2000

In the case between Ivo Fernando (Respondent-Petitioner-Appellant) and Mudaliarachchige Somasiri / Colombo Municipal Council (Applicant-Respondent-Respondent), the court addressed the procedural validity of a demolition order and the imposition of a fine relating to unauthorized construction under the Urban Development Authority Act. It was held that failure to adhere to mandatory procedures, particularly those specified in Section 28A(3), vitiated both the demolition order and the fine. The decision reaffirmed the principle that statutory safeguards and procedural requirements must be strictly observed in regulatory proceedings affecting property rights. Reliance was placed on the requirements of the Urban Development Authority Act, emphasizing that material non-compliance with such statu