Sree Narayan Guru Society vs. Colombo Municipal Council – sllr 2012 volume 1 page 387

In the case between Sree Narayana Guru Society and the Colombo Municipal Council (including its officers), the court addressed the extent of authority vested in the Municipal Council and its officers to remove temporary structures (pavement stalls) located within a declared development area, particularly in light of earlier permits and the statutory framework under the Urban Development Authority Act (UDA Act) and the Municipal Councils Ordinance. The findings established that, notwithstanding temporary permissions previously granted, authority to manage and enforce removal of unauthorized structures within such areas ultimately rests with the Urban Development Authority, subject to proper delegation. However, it was further determined that the Municipal Council retains a public duty to se