Chairman, Municipal Council, Colombo V. Soertsz

Present: Fisher C.J. and Akbar J. 1930

CHAIRMAN, MUNICIPAL COUNCIL, COLOMBO, v. SOERTSZ.

356-D. C. Colombo, 1,654.

Housing and Town Improvement Ordinance-Definition of street lines- Permission to build given to owner-Cancellation of street lines- Withdrawal of permission-Ordinance No. 19 of 1915, s. 18 (4).

A Municipal Council has no right to cancel street lines defined in pursuance of the powers vested in it under section 18 (4) of the Housing and Town Improvement Ordinance and to prohibit an owner from building within those street lines, where permission to build had been granted to him before the cancellation.

APPEAL from a decision of the Additional District Judge of Colombo in the form of a case stated to the Supreme Court under section 92 (1) of the Housing and Town Improvement Ordinance, No. 19 of 1915.

A street by the name of St. Mary's road, Bambalapitiya, less than 20 feet in width existed prior to 1915. In view of the provisions of Municipal section 18 (1) (a) of the Housing and Town Improvement Ordinance, No. 19 of 1915 no buildings could be erected adjoining St. Mary's road after the Ordinance

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