Godahenage Badrasiri Kumara v The Chairman, Balapitiya Pradeshiya Sabha – CA PHC/277/2005-2005

In the case between Godahenage Badrasiri Kumara and The Chairman, Balapitiya Pradeshiya Sabha, the court addressed the issue of whether the Balapitiya Pradeshiya Sabha had validly exercised delegated powers under the Urban Development Authority Law in seeking and obtaining a demolition order for unauthorized construction, and whether the subsequent appellate proceedings were within the jurisdiction of the Provincial High Court and the Court of Appeal. It was held that neither the Provincial High Court nor the Court of Appeal possessed the statutory jurisdiction to entertain appeals against the Magistrate’s order in such cases, thereby affirming the principle that appellate review of Magistrate’s orders under these circumstances is limited by statute to the Supreme Court. The decision relie

REF: CA PHC/277/2005-2005 Category: Tag:
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