M. Rasindu v. Executive Engineer, Badulla Division, Road Development Authority, Badulla – CA PHC 84/2011-2018

In the case between the Executive Engineer, Badulla Division, Road Development Authority, and Road Development Authority (with the Hon. Attorney General as Added Respondent) and M. Rasindu, the court addressed the legality of a demolition order issued against alleged unauthorized construction within public highway limits, focusing on the transition between the Thoroughfares Ordinance and subsequent legislative amendments. It was held that acts commenced under a repealed law remain valid where explicit transitional provisions exist, and that statutory authority to approve such construction rests solely with the Executive Engineer, not local authorities. The principle reaffirmed was that lawfully commenced proceedings under repealed statutes continue under successor legislation, relying on t

REF: CA PHC 84/2011-2018 Category: Tag:
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