W.A. Gunawardena vs Deshini Irish Janes – CA PHC 36/2007-2007

In the case between W.A. Gunawardena (Officer under the U.D.A. Act; Dehiwala-Galkissa Municipal Council) and Deshini Irish Janes, the court addressed the validity of an order for demolition of unauthorised structures under the Urban Development Authority Act. The primary issues were whether the proper officer had initiated Magistrate’s Court proceedings as authorized by the UDA, and whether requisite procedural requirements, including service of notice, were fulfilled. It was held that sufficient delegation had occurred to the Municipal Commissioner to permit such applications, and notice requirements were satisfied, affirming the legality of the demolition order. The holding reaffirmed the principle that applications under Section 28 of the UDA Act may be validly instituted by an officer