CHAIRMAN LOCAL BOARD KURUNEGALA v. MEERA SAIBO
Present: Dalton J.
CHAIRMAN, LOCAL BOARD, KURUNEGALA, v. MEERA SAIBO.
333-P. C. Kurunegala, 24,598.
Housing of
People and Improvement of Towns Ordinance-Application ' to deviate from
building-Resolution to define new street lines- Grounds of refusal-Mandatory
order to demolish building- Ordinance No. 19 of 1915, s. 18, sub-sections (1)
and (4).
An application to deviate from the plan of a building, which had been previously
approved and which did not contravene the provisions of section 18 (1) of the
Ordinance as to street limits, cannot be refused on the ground that the local
authority had resolved to define new street lines subsequent to the application.
No mandatory order for the demolition of a building should issue where the
building does not contravene some provision of the law, or even where by some
alteration it could be brought into accordance with the law.
THE
accused was charged under section 13 (1) (6) of the
Housing of the People and Improvement of Towns Ordinance, No. 19 of 1915, with
deviating from an approved plan in the construction of a building, and convicted
on March 7, 1925. Followi
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