Lilli Upamalika Akurana Senasinghe vs Kandy Municipal Council and Others – CA CASE NO. WRT-0052/20-2023

In the case between Lilli Upamalika Akurana Senasinghe (Plaintiff) and multiple respondents including the Kandy Municipal Council, the issue concerned the legality of erecting a security fence along the boundary of a forest reserve and a public road, and whether such an action could be challenged on the grounds of an alleged “right of view.” It was held that no legal or servitudinal right to an unobstructed view had been established for the petitioner, and the relevant municipal authorities acted within their statutory powers under the Municipal Councils Ordinance. The decision reinforced the principle that an individual cannot rely on a general right of view unless expressly supported by covenant, title, or statutory provision. Previous English and South African authorities were reviewed