Godahewa Malinie vs Chairman, Urban Council, Ambalangoda – CA PHC 140/05-2014

In the case between Godahewa Malinie (Appellant) and the Chairman, Urban Council, Ambalangoda (Respondent), the court addressed the lawfulness of a demolition order issued under the Urban Development Authority Act. The central issues considered were the sufficiency of notice under Section 28(b)(1) of the Act, the proper form of application to the Magistrate’s Court, the requirement for the Magistrate to ascertain the credibility of affidavits, and questions regarding the proper delegation of authority to institute legal proceedings. The findings established that procedural objections related to notice and the form of affidavits were technical in nature and not grounds for intervention by way of revision. Reference was made to Supreme Court precedent affirming the validity of delegation und