1933 Present: Dalton A.C.J. and de Silva A.J.

NEWNHAM v. LUCAS FERNANDO.

175-D. C. Colombo, 2,861.

Housing and Town Improvement-Laying of street lines-Existing street and continuation thereof-Meaning of continuation-Ordinance No. 19 of 1915, s. 18 (4).

Where power is given to a local authority by section 18 (4) of the Housing and Town Improvement Ordinance to define by resolution " the lines by which an existing street or any part or continuation thereof is bounded "-

Held, that the section applied to streets existing at the time of the resolution or to any proposed continuation thereof.

APPEAL from an order of the District Judge of Colombo.

In 1926 the Municipal Council of Colombo purported to define the lines of a street, according to a plan attached to the resolution, connecting Buller's road with the Galle road. The present claim arose out of the acquisition of the land by the Municipality for public purposes and the amount of compensation payable for the same. It was contended for the claimant that the street lines had not been validly laid down in terms of section 18 (4) of the Housing and Town Improvement Ordinance, No. 19