Kaluthanthri Arachchige Don Henry Shelton vs W.M Amarasena Wijethunga – CA/WRIT/378/2021-2024

In the case between Kaluthanthri Arachchige Don Henry Shelton (Plaintiff) and W.M. Amarasena Wijethunga, Mr. Thyagi de Alwis (Chairman, Pradeshiya Sabha), Mrs. Wasanthi Wickramarathne (Secretary, Pradeshiya Sabha), and Wattala Pradeshiya Sabha (Respondents), the court addressed whether a wall constructed along the western boundary of the petitioner’s land constituted an unauthorized construction requiring demolition under the Urban Development Authority (UDA) Law and the Pradeshiya Sabhas Act. It was held that the construction of the wall without the requisite permit amounted to an unauthorized development activity, thereby imposing a statutory obligation on local authorities to address and remedy such unauthorized acts. The findings established that the relevant sections of the UDA Law, p