26 April 2022 12:10 am Views - 1826
So far he has two Jaya Bhoomi deeds for a land of four acres; both under his wife’s name. Senior Surveyor Ajith Munasinghe said that the minister had obtained the four acres by reclaiming land from the Nuwara Wewa. “Initially this land was less than ten perches. When the Survey Department conducted surveys around the Nuwara Wewa to separate reserve areas in 1992 this land was surely less than ten perches,” Munasinghe added. However Chandrasena had obtained Jaya Bhoomi deeds under his wife’s name and increased his land by reclaiming area from Nuwara Wewa. These reclamation activities are evident at times when the water level increases. “The water level increases around the land as the same way the water level increases around a mountain,” Munasinghe explained.
In reality this is a construction activity carried out on a reclaimed land using the two Jaya Bhoomi deeds. So far no permission has been obtained from any public institute for the reclamation or the construction activity”
Ajith Munasinghe Senior Surveyor
Usually Jaya Bhoomi deeds are given to farmers to use lands and function as primary manufacturers. A licence is issued under the Section 19:2 of the Land Development Ordinance and the main document under the Section 19:4; which help the farmer to obtain a bank loan using that document for production purposes in a farm. However this document cannot be used to construct hotels or any other commercial purpose, according to Munasinghe.
To use the land for commercial purposes the main document should be handed over to the Government and a long-term lease facility should be chosen instead. “It is clearly stated in the Land Development Ordinance. However having held a top cabinet minister and being the former land minister, he has no ethical right to construct any hotel using a licence given to farmers,” Munasinghe added.
One of the two lands he has obtained has no entryway. The land adjoining the main road has an accessway. The land behind has no access route. The Land Development Ordinance clearly states that if an area is to be passed as a land the mandatory requirement of having an entryway to the place must be met. According to Munasinghe several public officers were allegedly responsible for this wrongdoing.
S. M. Chandrasena has two deeds which were previously issued. One is for a land close to the road and the other is for a plot of land close to the reserve. Those two deeds are clear. I am not aware of whether there is an ongoing construction activity in the reserve area,”
Sirimewan Dharmasena Mihintale Divisional Secretary
More importantly, the land with the first Jaya Bhoomi licence- where Chandrasena’s house and the hotel are constructed- is now outside the reserve area of the Ministry of Irrigation and Water Resources Management (MIWRM). It does not fall in the 88-88.5-metre zone. The reason for this is the reduction of the water level caused by the construction activity reclaiming land from the Nuwara Wewa reserve, according to Munasinghe. “However the land with the second deed is within the reserve where two ponds were planned to be built, Munasinghe,” added. “In reality this is a construction activity carried out on a reclaimed land using the two Jaya Bhoomi deeds. So far no permission has been obtained from any public institute for the reclamation or the construction activity,” added Munasinghe.
The Survey Department in one of its surveys has revealed that the reserve has lost some of its land because of the reclamation activities. A tank cannot be reclaimed or used for construction in that manner. Paragraph 23 of the National Environmental Act No 47 of 1980 signed by Srimani Athulathmudali, the then Minister of Transport, Environment and Women’s Affair under no 859/14-1995 on February 23 specifies that no construction can be carried out within 100 metres from the upper overflowing level of a common tank. Therefore no construction is allowed by that act, according to Munasinghe.
However it is alleged that the house and the hotel belonging to Chandrasena are built within the 100 metre sensitive zone from the upper overflowing level of the Nuwara Wewa. “As per the Central Environmental Authority Act his house and the hotel are illegal constructions,” Munasinghe added.
No request was made for a land reclamation activity. The law can be enforced to halt such illegal reclamation activities under Paragraph 65 of the Irrigation Act”
S. D. Mediwaka Anuradhapura District Divisional Director of Irrigation
Prior to commencing development activities concurrently with Gam Udawa in Mihintale in 1993, 26 Grama Sewa divisions were taken under the control of the Urban Development Authority (UDA). Thereafter it was necessary to obtain the permission of the UDA to carry out any construction activity or reclamation work in the Mihintale Pradesha Sabha precinct. However according to Munasighe S. M. Chandrasena has not obtained permission from the Mihintale Pradesha Sabha or the UDA to construct his house, the hotel or to reclaim land from the tank reserve.
A deed purchased for 200,000 rupees on September 11, 2002 was issued under the name NandamuniArachchige Shanthi, the wife of Chandrasena under Jaya Bhoomi deed no 213. According to the deed the land belonging to W. M. Dhanapala and Premaratne on the north, the land of R. M. Premaratne and N. A. Gayanthi on the east, the land belonging to P. A. Seelavati and a land belonging to the CEB on the south and a land belonging to the CEB and situated in the Nuwara Wewa reserve on the west are marked as land boundaries.
The first Jaya Bhoomi deed issued in her name under lot number 504 was purchased at 50,000 rupees. This deed was registered on May 31, 2001. Accordingly the land comprises two acres with W. Somadasa’s land situated on the north, Matale Kandy road on the east, the land of Somasiri Wijesinghe and T. A. Seelavati on the south and Nuwara Wewa reserve on the west.
The land where the hotel is located
Permission not granted
According to the first Jaya Bhoomi deed no 504, the Wewa reserve is on the west and the Matale- Kandy road is on the north and indicated as the reserve. This clearly shows that the Nuwara Wewa reserve runs as far as the Kandy- Matale road. The deed no 213 has no entryway. This land is either behind or adjoining the land under the deed no 504. According to the boundaries of the deed no 504, the tank reserve is on the west. Therefore the adjoining land should have been the tank reserve before it was expanded to two acres. It is obvious that the land under the deed 213 exists as a result of the reclamation of the Nuwara Wewa as the Nuwara Wewa reserve is indicated in the deed as the west boundary. These two deeds prove that the Nuwara Wewa has been reclaimed to construct ponds, according to Munasinghe.
Several attempts to contact NandamuniArachchige Shanthi proved futile.
When inquired whether permission was given to Chandrasena to reclaim the Nuwara Wewa reserve Anuradhapura District Divisional Director of Irrigation S. D. Mediwaka answered in the negative. “No request was made for a land reclamation activity. The law can be enforced to halt such illegal reclamation activities under Paragraph 65 of the Irrigation Act,” said Mediwaka.
Anuradhapura District Irrigation Engineer Lasith Kovilaarachchi- in charge of Nuwara Wewa- said that S. M. Chandrasena had constructed two ponds in the tank reserve. “Our permission was neither sought nor have we granted such permission. We have inquired through a letter about the reclamation activity that was carried out,” he added.
We inquired from the UDA North Central Provincial Director H. W. Somaratne whether UDA approval was granted for the construction activities initiated by Chandrasena on the Nuwara Wewa reserve. Somaratne said, “An individual engaged in a construction activity in a reserve should obtain a valid licence for that purpose. Whether the licence should be obtained from the UDA or the provincial council depends on the square feet measurement of the construction. The plan should be handed over to a committee comprising officers of every institute. The damages- if the land is in a reserve area or in an archaeological site- should be calculated and the recommendation of other institutes should be obtained. If any of the institutes disagrees we will not grant approval. If it is in an irrigation land we advise the individual to obtain permission of the Ministry of Irrigation and Water Resources Management. We also calculate the distance from the construction to the tank. It’s then only that we decide on whether to grant permission. If any construction has been carried out sans such approval it is illegal. When inquired from the Central Environmental Authority Chairman Siripala Amarasinghe he said that the authority had not given permission for any construction belonging to S. M. Chandrasena.
Mihintale Pradesha Sabha Chairman Lal Seneviratne said that no permission had been sought for the construction of S. M. Chandrasena’s house or hotel. He further added that permission was also not granted for such activities. “When carrying out construction work the approval of the selection committee of the Mihintale Pradesha Sabha should be obtained as per the UDA act or otherwise it is claimed illegal. He has not sought our permission for any construction activity on the Nuwara Wewa,” said Seneviratne.
Mihintale Divisional Secretary Sirimewan Dharmasena made the following comments regarding the land reclamation issue.
“S. M. Chandrasena has two deeds which were previously issued. One is for a land close to the road and the other is for a plot of land close to the reserve. Those two deeds are clear. I am not aware of whether there is an ongoing construction activity in the reserve area,” said Dharmasena. When inquired as to how a licence was issued to a land within a reserve he said, “A licence is issued only after the complete surveys are cleared. Accusations were raised against 58 families in addition to the minister for taking over the lands in the reserve. They have been living there for 30-40 years. If a deed is issued and a construction is carried out the approval of the relevant provincial council should be obtained,” explained Dharmasena.
“This is a mud-slinging campaign against me”
-S. M. Chandrasena
It is Ven. Rathgama Samitha Thera, the Chief Incumbent of Thiwankachetiya Rajamaha Vihara and the Chairman of Nuwara Wewa United Farmers Organization whom the minister accuses for orchestrating a mud-slinging campaign against him. When inquired, the Thera said a request had been made as the organization was in need of a Kamatha. “The Minister did not provide a land earlier as promised. We learnt that he had sold the land to someone else. Several parties pressurise me as I am against the land racket destroying the Nuwara Wewa,” he added.
This construction was built 600 metres away from the tank. There is a monk in the area and he is coordinating a mud-slinging campaign against me claiming that I have refused to give a land in the tank reserve for a Kamatha for the famers organization he represents
It is high time that these actions involving environmental destruction carried out by powerful people for their benefit be halted. Politicians cannot engage in these wrongdoings all by themselves. Public officers help them immensely. Sri Lanka a country is undergoing the suffering caused by their actions. Now is the time to put an end to these activities and the authorities should take the lead.