Legality of new UDA regulations challenged in Courts

By Lakmal Sooriyagoda
An engineer has filed a writ petition in the Court of Appeal challenging the legality of regulations titled Urban Development Authority Planning & Development Regulations 2021 issued by Prime Minister Mahinda Rajapaksa in his capacity as subject Minister.

This petition had been filed by Secretary of the Professionals National Front of Sri Lanka (PNF) G. Kapila Renuka Perera through his counsel Dharshana Weraduwage.

The petitioner is seeking an Order in the nature of a Writ of prohibition against five respondents including Prime Minister Mahinda Rajapaksa, State Minister Of Urban Development Nalaka Godahewa and Urban Development Authority (UDA) from taking steps to promulgate new set of regulations under the Urban Development Authority Law No 41 of 1978 in violation of the Constitution and other written laws.  

The petitioner said regulations titled “Urban Development Authority Planning & Development Regulations 2021” was published in the Extraordinary Gazette Notification Number 2235/54 dated on July 08, 2021.

The petitioner alleged that the Regulations titled “Urban Development Authority Planning & Development Regulations 2021”, as a whole or in part, is in vehement infringement of many entrenched Articles of the Constitution including, Articles 03, 04(a), 04(c), 04(d), 12(1), 14(1)(g), 14(1)(h), 27(2)(a), 27(3), and many other written laws of the country including the Urban Development Authority Law No 41 of 1978 (as amended), Construction Industry Development Act, No. 33 of 2014, Registration of Title Act No 21 of 1998, Municipal Councils Ordinance No 29 of 1947(as amended), Urban Councils Ordinance No 61 of 1939 (as amended) or the Pradeshiya Sabhas Act No 15 of 1987. The petitioner had named Minister of Urban Development & Housing Mahinda Rajapaksa, State Minister of Urban Development Dr. Nalaka Godahewa, Urban Development Authority and its Chairman and several others as respondents in the petition.

The petitioner stated that Regulation 12 violates constitutional provisions since neither the UDA Act nor Regulation 12 has any power to deal with subdivision amalgamation or development of any Development Activity on any land related to agriculture or horticulture.

The petitioner said Prime Minister Mahinda Rajapaksa has no power to issue the Regulations thus the said regulations are null and void. “The invalid, arbitrary action on the part of Prime Minister, in promulgating the said Regulations is a clear violation of the Constitution. The arbitrary actions on the part of respondents, in promulgating the said Regulations without necessary powers and expertise, is a clear violation of the Constitution,” the petitioner said.