IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for appeal against the Order/Judgment dated

16.11.2018 of the Provincial High Court of Gampaha HCRA/6/0217 under Article 154 (3) (b) of the Constitution. Chairman (Now Secretary)

Court of Appeal Application No: Officer exercising powers under the Urban CA (PHC) 214/2018 Development Authority Act, Pradeshiya Sabha of Kelaniya.

Provincial High Court of Gampaha Case No: HCRA 6/2017 Applicant Petitioner Magistrate’s Court of Mahara Vs.

Case No: 95318/16 C.G. Perera No. 20, Kandy Road, Dalugama, Kelaniya.

Respondent BETWEEN C.G. Perera No. 20, Kandy Road, Dalugama, Kelaniya.

Respondent-Petitioner Vs.

1. Chairman (Now Secretary)

Officer exercising powers under the Urban Development Authority Act, Pradeshiya Sabha of Kelaniya.

Applicant Petitioner-Respondent

2. Hon. Attorney General Attorney General’s Department, Colombo 12.

Respondent AND NOW BETWEEN C.G. Perera No. 20, Kandy Road, Dalugama, Kelaniya.

Respondent-Petitioner-Petitioner Vs.

Chairman (Now Secretary)

Officer exercising powers under the Urban Development Authority Act, Pradeshiya Sabha of Kelaniya.

Applicant-Petitioner-Respondent-

Respondent Before: Prasantha De Silva, J.

K.K.A.V. Swarnadhipathi, J.

Counsel: G. Ananda Silva for the Respondent-Petitioner-Petitioner.

Petitioner-Respondent-Respondent is not represented by a Counsel.

Counsel for the Petitioner agrees to dispose this matter by way of written submissions.

Written Submissions: 14.03.2022 and 11.01.2023 by the Respondent-Petitioner-

filed on Petitioner

03.11.2022 by the Applicant-Respondent-Respondent Delivered on: 10.03.2023 Prasantha De Silva, J.

Judgment The Applicant-Petitioner instituted action bearing No. 95318/16 in the Magistrate’s Court of Mahara against the Respondent namely C.G. Perera and sought an Order under Section 28(A)3 of the Urban Development Act No. 41 of 1978 as amended to have a boundary wall built by the Respondent demolished on the basis that it was an unauthorized construction. It was alleged by the Applicant-Petitioner that the said Respondent-Petitioner-Petitioner has obstructed the flow of water along Dewata Road, 6 ‰ Post, Dalugama.

The Respondent had filed objections with documents marked R1-R9A to the application of the Applicant-Petitioner and sought a dismissal of the said action. Thereafter, the Applicant Petitioner had filed counter objections. After written submissions were tendered by both parties, the learned Magistrate had delivered her order dated 19.01.2017 allowing the application of the Applicant-Petitioner to have the boundary wall erected by the Respondent removed.

Being aggrieved by the said Order, the Respondent-Petitioner-Petitioner, namely C. G. Perera had moved in revision to the Provincial High Court of Gampaha seeking to have the said order of the learned Magistrate set aside. Consequent to the said application, Applicant- Petitioner-Respondent [hereinafter referred to as the Applicant-Petitioner] had filed objections and thereafter the matter had been disposed by way of written submissions. The learned High Court Judge had affirmed the Order of the learned Magistrate and dismissed the revision application of the Respondent-Petitioner by Order dated 16.11.2018. Being aggrieved by the said Order, the Respondent-Petitioner-Petitioner, namely C.G. Perera [hereinafter sometimes referred to as the Petitioner-Appellant] has preferred an appeal to this Court.

It appears that the learned Magistrate had allowed the application of the Applicant-Petitioner to have the boundary wall built by the Petitioner-Appellant demolished on the basis that it was built without obtaining any permission or approval of the Pradeshiya Sabha of Kelaniya. The learned High Court Judge too had affirmed the findings of the learned Magistrate and held against the Petitioner (Appellant).

It was the contention of the Petitioner (Appellant) that he obtained a building permit before constructing the impugned wall in 1992, w