SREE NARAYAN GURU SOCIETY
VS.
COLOMBO MUNICIPAL COUNCIL

COURT OF APPEAL
SRI SKANDARAJAH J
CA 2125/2005 (WRIT)
JUNE 11,2008
OCTOBER 20.2008
DECEMBER 15, 2008

Writ of Mandamus- Urban Development Authority Act- Sections 3, 8(i), 23(5), 28A -Development Activity- Municipal Councils Ordinance Section 37, 37(1) 155 - Permit issued to construct temporary structures withdrawn - Can the Authority remove the structures?- Public duty- Development Activities?

The 3rd Respondent the Municipal Council Commissioner has granted permits to the 4th - 8th Respondents to have stalls on the pavement - complained of. On complaints made by the Petitioner, the permit was cancelled. These temporary structures were not removed. The 1st Respondent who is the Municipal Council refused to act. The Respondents contended that the power to issue permits for the purpose of carrying out any development activity in any development area rests with the U.D.A, and action has to be taken by the UDA and not the 1st Respondent -Colombo Municipal Council. The power to issue permits in any development area rests with the UDA and any development activity commenced and cont