Hewa Witharanage Punyasena v. Urban Development Authority – CA PHC APN 181/2017-2017

In the case between Hewa Witharanage Punyasena and Urban Development Authority, the court addressed whether the Court of Appeal should exercise revisionary jurisdiction over the Provincial High Court judgment in circumstances where the petitioner had not filed a direct appeal. It was held that revisionary jurisdiction is only applicable in the presence of pleaded and established exceptional circumstances, which were found lacking in this case. The court also emphasized the necessity of compliance with statutory requirements for development permits. The holding reaffirmed the principle that revisionary power is discretionary and will not be exercised in the absence of clear illegality, irregularity, or inappropriateness. The decision relied on established judicial precedents concerning the

REF: CA PHC APN 181/2017-2017 Category: Tag:
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