S A Rajalingam vs. Dissanayake Mudiyanselage Udaya Ranjith – SC APPEAL 60/2017-2017

In the case between Colombo Municipal Council (Applicant) and Dissanayake Mudiyanselage Udaya Ranjith, Municipal Engineers Department (Respondent), the court addressed the issue of whether a local authority, specifically the Colombo Municipal Council, holds the power—derived through delegated authority under section 23(5) of the Urban Development Authority (UDA) Law—to institute proceedings for the demolition of unauthorized constructions under section 28A(3) of the UDA Law. It was held that such delegation is lawful and the local authority is empowered to file for demolition, provided the application is confined to relief contemplated under the statute. The principle reaffirmed was that delegation of statutory authority must be construed within statutory limits, and all proceedings must a

REF: SC APPEAL 60/2017-2017 Category: Tag:
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