( 415 )
Present: Jayewardene A.J.
1NSPECT0E, SANITARY BOARD, WADDUWA, v.
28-—P: C. Panadure, 2,364.
Housing and Town Improvement Ordinance—Permit to build—Chairman'spower to cancel permit—Ordinance No. 19 of 1915, s. 13 (d).
The Chairman of1 Sanitary Board has power to cancel a permitgranted by’him to erect & building and to direct the discontinuanceof the building.- ■*.
PPEAL from a conviction from the Police Magistrate' ofPanadure.
• • .
r$to appearance for accused, appellant.
Sckokman, C.C., for complainant, respondent.
March 5, 1926. Jayewardene A.J.—
This is an unfortunate prosecution. The accused, a womanhas been convicted of failing to comply with a written directionof the Chairman, Sanitary Board, Kalutara', to discontinue thebuilding of a house which she had been permitted to and had28/30
( 416 )
Jaybwab-. DBMS A.J.
Inspector,SanitaryBoard,Wadduwa, v.Podi Nona
commenced to build, an offence punishable under section 13 (1) (d)of the Housing and Town Improvement Ordinance of 1915, andsentenced to a fine of Bs. 30.
The facts show that the accused applied in the usual wayto build a house on her land at Talapitiya, a village within theSanitary Board limits of Wadduwa. Before her application wasrecommended the Inspector paid three visits to the land to>satisfy himself that the application was in conformity with therequirements of the Ordinance. On February 14 last year shewas granted permission to build, but in May the permit wascancelled.Atthistime the accusedhadcommenced tobuild
her houseandhadbuilt up the wallsto acertain height.After
receipt of the notice cancelling the permit, she completed the wallsand put on a roof. As the learned Magistrate remarks, had theaccused ceased work without putting on the roof the inclementweather would most probably have destroyed the portion alreadybuilt. The accused appears to have been almost compelled bycircumstancestoignore the orderofcancellation. Itwas
contendedfortheaccused that theorder of cancellation was
ultra vires and that a Chairmap has no power to cancel a permitwhich he has once granted. 1 am unable to accept this view.When permission has been given under a misapprehension it isin my opinion open to the Chairman to withdraw such permission.For even where a building has been constructed with permissionit cannot be occupied without a certificate of the Chairman thatsuch a building as regards construction, drainage, and in all otherrespects is in accordance with law. In the present case thebuilding is said not to be in accordance with. the requirementsof the Ordinance, as there is no road access to it. When thebuilding was completed the Chairman might have refused to-issue his certificate under section 15 on that ground.
The order of concellation is, in my opinion, not ultra vire3, andsuch an order would in many cases be most proper, for it wouldprevent a person from constructing a building for which he would notin the end be able to obtain the certificate required by section 15.
In the circumstances of this case the accused’s disobedienceshould not be visited with a heavy fine. She has demolishedfier old house and has incurred expense in putting up the new one.The board cannot be exonerated from all blame in the matter.I would reduce the fine to Bs. .2.50.
INSPECTOR, SANITARY BOARD, WADDUWA v. PODI NONA