31 August 2023 12:00 am Views - 743
Destroying an ecologically significant location (Pics by Kushan Pathiraja)
But with the digging of the canal the wetland patch now has limited ability to retain rainwater and continue its sponge effect
The canal not only changed the vegetation paving the way for alien invasive species to grow, but even the larger trees are now dying
Another claim being made is that the temple wants to ‘conserve’ this patch of land as a private biodiversity park
Residents in a dilemma
Baseless allegations ?
When questioned, the Chief Priest of Sri Mahindaramaya Temple Ven. Meegahathenne Chandrasiri said that the temple is not constructing any biodiversity park. “Look at the Seema Malakaya of this temple.It has been built in such a way so that the environment doesn’t get disturbed. I don’t have any involvement with this so-called construction. How can I construct a private park on a government land? In fact that patch of land comes under the purview of the UDA and they have constructed a canal, so that people won’t encroach this area. Whoever who mentioned my name in this matter doesn’t know the truth. Those residents who are encouraging the press to write about this matter are making baseless allegations. Nobody talks about the number of trees that I have planted in this temple,” the priest said.
However, when asked if the temple had attempted to purchase the land in question Ven. Chandrasiri failed to provide a clear answer. “I receive donations from humble donors and I invest these donations in developing this temple. People have already filed petitions against me. There is a canal that runs in front of my temple and I was perhaps unaware of obtaining certain approvals. But now I have submitted all approvals to the necessary departments. What am I supposed to do if they are delaying the process,” Ven. Chandrasiri questioned.
However the chief incumbent didn’t allow us to visit the land in question and kept repeating the fact that it is a project undertaken by the UDA and that it is not appropriate to be clicking photos at this point.
Have the authorities evaded the law?
Section 7(1) b of the FFPO as last amended by Act No.22 of 2009 states that any action harmful to the fauna and flora or to the existence of a part of a Sanctuary declared under section 2(2) of the Ordinance, is illegal.
Under section 23 of the National Environmental Act No.47 of 1980 as amended, any development project within a Sanctuary or even outside it, but within 100 metres of its boundary, requires written consent from the CEA obtained after a prior detailed process, including submission of a report on its environmental impact. Without this procedure no State institution can be given permission to conduct any development activity on such land.
This area is also part of an archeological site in terms of the Antiquities Ordinance No.9 of 1940 as amended due to being part of the ancient Kingdom of Kotte, with its rampart very probably crossing it. In terms of sections 43(a) and 47 of the said Ordinance, prior to filling a wetland or other land there must be an Archaeological Damage Assessment report and then approval obtained from the Director-General of Archaeology. Environmental experts observe that none of these approvals have been obtained prior to constructing the canal.
Residents however observe that several authorities are involved in this matter. The fact that the Sri Lanka Land Development Corporation provided the machinery for the construction of the canal and the stance maintained by the UDA too are concerning.
Commenting on the matter, UDA Director General Prasad Ranaweera claimed that the chief incumbent of the temple had requested for the land in question through a proposal. “But the canal had been dug without our knowledge. We subsequently filed a police complaint and a court case,” said Ranaweera.
But Ranaweera failed to provide us with the case number as he later said that the case had been filed by another party. The Daily Mirror also learned that the police complaint had been withdrawn minutes after it was filed. But Ranaweera denied this claim. He further said that he is unaware of the machinery hired for the said construction and that as of now all activities have been halted.
The Daily Mirror then attempted to speak to Sri Lanka Land Development Corporation (SLLDC) to inquire about the matter. After several rounds of calls which were transferred from the Drainage and wetland management division to the special projects division, back to the telephone operator and the Deputy Director General, an official suggested that the necessary information could be obtained from the Additional General Manager’s office. After several attempts, the Daily Mirror got in touch with SLLDC’s Additional General Manager (Implementation) C.B. Amarasinghe who initially refused to provide any information to the media. But after repeated queries Amarasinghe said that they initially received a request from the temple to ‘protect’ the land in question from encroachers. “Even residents have written to us on attempts to encroach this area. This is why we demarcated an acquisition border and subsequently dug a canal, so that people will not be able to access this land. That was our only task. But if any further project is being done the necessary environmental impact assessments and approvals need to be sought as this is an environmentally sensitive area,” said Amarasinghe.
But on the contrary, from the residents’ perspective it looks like the authorities conveniently separated this patch of land to make things easier for the temple. They claim that since the canal has now been dug it is easier for people to encroach this land. When the Daily Mirror visited the area, signs of encroachment were already very evident. However it is unclear as to who funded the construction of this canal.
The residents have initially written to the Department of Wildlife and Conservation and in response to their queries, a letter was issued by the department’s Natural Resources division claiming that they will look into the matter. A flying squad was dispatched on two occasions when residents complained about these activities and the Department had even warned offenders that legal action would be taken. But several attempts made by the Daily Mirror to contact the DWC’s Natural Resources division proved futile.