RAJALINGAM

VS.

COLOMBO MUNICIPAL COUNCIL

SUPREME COURT
JAYAWARDENA, J.
FERNANDO, J.
SURASENA, J.
SC/APPEAL/60/2017
SC/SPL/LA/246/2015
CA/PHC/141/2010
HC COLOMBO/RA/61/2009
MC COLOMBO/9341/5
DECEMBER 4, 2019

Urban Development Authority Law, No. 41 of 1978, as amended, sections 23(5), 28A1, 28A3-Development area-Development activity without the permission of the Urban Development Authority-Demolition order-Delegation of power by the Urban Development Authority to local authorities-Applicability of the Rent Act, No. 7 of 1972

Held :

1. Section 23(5) of the Urban Development Authority (UDA) Law empowers the UDA to delegate to any officer of a local authority any of its powers, duties and functions relating to planning within any area declared to be a development area.

2. Section 28A(3), which permits the UDA to make an application to the Magistrate's Court seeking a demolition order of an unauthorised construction, falls within the scope of the term "planning" referred to in section 23(5) and therefore such power can be delegated to any officer of a local authority.

3. The Rent Act, No. 7 of 1972, as amended, has no application when steps are taken