Anthony and Others vs. Municipal Council, Negombo and Others – sllr 2020 volume 2 page 195

The case between Anthony and Others (Plaintiffs) and Municipal Council, Negombo and Others (Defendants) addressed whether the Municipal Council possessed authority under the Municipal Councils Ordinance to lease out streets or pavements for trading purposes. It was determined that the Council’s statutory powers did not extend to permitting the leasing of public roads or pavements, and such acts were ultra vires. The decision reaffirmed the principle that local authorities can exercise only such powers as are expressly conferred by statute. Reference was made to specific sections of the Municipal Councils Ordinance, and it was emphasized that unauthorized actions by statutory bodies are subject to judicial restraint. The outcome impacts the administration of public spaces by municipal bodie