Land racket in Dambulla: Transferring Devalagama lands causes stir

Land brokers are engaged in illegal activities when reclaiming paddy lands and preparing fake deeds

Pix by Samantha Perera 

Selling lands acquired illegally using fake deeds has become a practice in the country and Dambulla is infamous for such illegal activities. This newspaper says so because it possesses strong evidence of such illegal activities. Fraudulent deeds, identity cards, land documents, public institute documents, signatures and seals of public officers are forged with the aim of earning profits. One or two people cannot prepare these illegal documents and several top officers attached to public institutes in Dambulla and Matale districts support these activities. Lands in Dambulla are sold to businessmen from Colombo at higher prices for commercial purposes. 

Banks grant loans in millions to buy these lands sold using fake documents. Several bank managers are willing to grant such loans. They go abroad after granting loans with the commission they receive. The law is not enforced on these land racketeers because of political influence. 
Recently Dambulla Mayor Jaliya Hemantha Opatha was accused of being involved in an illegal take-over of a two-acre land in Athuparayaya in Dambulla using fake documents belonging to Tikiribanda Karunarathna, a resident of Kashyapagama, Hirangala in Seegiriya. 

"Fraudulent deeds, identity cards, land documents, public institute documents, signatures and seals of public officers are forged with the aim of earning profits"

Tikiribanda possessed a government land of two acres under licence no middle/Dambu/5252 in Kashyapagama, Seegiriya. He was given the land for cultivation purposes. However he possessed the right to transfer the ownership to an outsider. “To do so, he had to show that he had another land to cultivate and make a living. In such a backdrop the Dambulla Mayor attempted to transfer the ownership of that land to one of his associates. He did so by showing that his land of two acres in Athuparayaya belonged to Tikiribanda,” said Deputy Chairman of Dambulla Sri Sumangala Farmers Association, P. V. R. Jayantha Bandara. 

Athuparayaya is an urban area in the Dambulla municipality. The paddy lands in the area receive water from Kandalama Wewa for cultivation and are vested with the Mahaveli project. Dambulla Raja Maha Viharaya lands were vested as belonging to the temple. The ownership of lands was transferred to farmers on the basis of temple duty under Devala Lands Act. Sri Sumangala Farmers Association cultivates these lands. Landowners obtain the membership of the association. The Mahanayake of Dambulla Chapter of the Siyam Sect, Most Ven. Inamaluwe Sri Sumangala Thera is the Chairman of the association.

"When transferring the ownership of Tikiribanda’s licensed land, proof of another land should be shown, and my land was used for that. This was done before a lawyer   - Jaliya Hemantha Opatha Dambulla Mayor "

Dambulla Mayor acknowledged that one of his lands had been given to Tikiribanda. “When transferring the ownership of Tikiribanda’s licensed land, proof of another land should be shown, and my land was used for that. This was done before a lawyer,” he added. (This newspaper is in possession of voice recordings of the deal)
This land, said to belong to the mayor, has been earlier used by Weerasekara Gedara Diana Manel Jayasena, a resident of Pahala Wewa Road, Kuda Wewa in Galewela. She is the mother-in-law of the mayor. Jayantha Bandara said that the land does not have abstracts of the title to show how she received ownership as the abstracts 10 years ago have been displaced. “There are abstracts of the title before the displaced ones. The abstract of the title No 3248 says that land belonging to Manel Jayasena was given to Jaliya Hemantha Opatha on February 28 2013 for 300,000 rupees. The abstract of the title No. 22443 says that Opatha gave the land to Tikiribanda Karunarathna on December 16 2014. The transfer deed number is 2476 and the land has been transferred for 300,000 rupees” said Bandara.

"The law is not enforced on these land racketeers because of political influence"

The birthday of Tikiribanda Karunarathna is 09-07-1932 and his national identity card number is 321851983V. The Dambulla Mayor acknowledged that his land was transferred to Tikiribanda according to the law as he required a land to live on. However the deed of the transferred land mentions 221851983V as Tikiribanda’s NIC number. Attorney-at-law and Notary L.R. Gamini Wijethunga has prepared the deed at his office at Usawi Handiya, Dambulla.

Tikiribanda Karunarathna died on February 1 2015 in a house in Pallewala. He was 82 years when he died. Former Acting Grama Niladhari officer of Weragamawatta P. A. Jayalath Jayarathna has mentioned starvation as the cause of his death in Karunarathna death certificate. A copy of a letter written by H. Chandrika Deepanganee, the present GN officer of Weragala division, dated 21-10-2021 is in our possession which confirms the death. Accordingly the death had been registered on 21-11-2021 under the registration number 1928.

"There are abstracts of the title before the displaced ones. The abstract of the title No 3248 says that land belonging to Manel Jayasena was given to Jaliya Hemantha Opatha on February 28 2013 for 300,000 rupees. The abstract of the title No. 22443 says that Opatha gave the land to Tikiribanda Karunarathna on December 16 2014 - P. V. R. Jayantha Bandara Deputy Chairman of Dambulla Sri Sumangala Farmers Association"

Jayantha said that the Dambulla Mayor had allegedly prepared a deed to retransfer the land given to Tikiribanda one and half years after his death. It was prepared on August 29 2016 under deed number 2779. The plan number is 17928. Tikiribanda Karunarathna having marked his fingerprint on that deed is a laughing matter. The deed was allegedly prepared before Notary L. R. Gamini Wijethunga on August 29, 2016, Jayantha added. “There is fraudulence involved in the act of Tikiribanda marking his fingerprint on August 29, 2016 after his death.” he said. “That deed also has 221851983V as the NIC number which is the same NIC number in the deed of the land given to Tikiribanda when acquiring the land in Seegiriya. May be another person was taken instead of Tikiribanda to Dambulla Divisional Secretary when acquiring Tikiribanda’s land,” Jayantha said underscoring the changing NIC number as the reason to do so.

"Banks grant loans in millions to buy these lands sold using fake documents"

“Land brokers are engaged in illegal activities when reclaiming paddy lands and preparing fake deeds to lands belonging to other people in Dambulla. There are rackets in Dambulla to sell lands of those who live alone, are about to die and elders by deceiving them,” Jayantha added.

Jayantha has inquired from the Department of Persons Registration in writing through the Right to Information Act whether there is a person registered under the NIC number 221851983V. The officer named by the department, Commissioner General P. V. Gunathilaka, responding to his letter said that the particular NIC number was not issued by the department and responded by stating to inform if there was any illegal activity involved in connection with that number.

Letter mentioning reclaiming of lands 

Meanwhile a letter was sent to Matale District Secretary- signed by Vice Chairman Jayantha Bandara and Secretary M. G. Heenbanda of Sri Sumangala Farmers Association on October 21 2020 -claiming that paddy lands in Phase 2 area in Kandalama, Dambulla were being reclaimed.

Shanika Nelum Kumari, the wife of Dambulla Mayor, residing in Thisarana Sarana, Thiththawelgolla, Dambulla informs the withdrawal of her membership from the Sri Sumangala Farmers Association as her paddy land was needed to be reclaimed for a development activity on December 30 2020. She became a member because the land was owned by her mother. But the association did not agree to withdraw her membership, Jayantha said. “The Mayor has sent the letter as his wife. He has signed instead of her. She has also not paid her membership fees ever since she has sent the letter,” Jayantha added.

"Land brokers are engaged in illegal activities when reclaiming paddy lands and preparing fake deeds to lands"

By sending a letter to withdraw from the association, the mayor was attempting to reclaim the land which he transferred to Tikiribanda. According to Jayarathna he had been planning to reclaim the 313 perches in Siyambalagahayaya in Athuparayaya since 2013. The letter given by the Sri Lanka Land Reclamation and Development Corporation permitting the reclamation subject to conditions affirms this. The letter No L M 8076 has been sent by General Manager of the Sri Lanka Land Reclamation and Development Corporation, Eng. Srimathi Senadeera. The letter No CG/002/General sent by Agrarian Development Commissioner General M. A. S. Weerasingha to Jaliya Samantha Opatha on February 6 2017 says Siyambalagahayaya, Keppetiyaya, Kotuyaya, and Mukalanyaya are not paddy lands. The copies of the letter have been sent to Matale District Secretary, Dambulla Divisional Secretary, Dambulla Agrarian Development Deputy Commissioner, Department of Land Reclamation and Development, Dambulla Mayor, Dambulla Agrarian Services Center, Dambulla Police OIC and Assistant Officer of Agricultural Research and Production.

“Agrarian Development Commissioner deciding at once that paddy lands which have been cultivated for decades are not paddy fields is an issue,” Jayantha said. Before issuing such a letter, farmers associations are informed and a field visit is conducted by Dambulla Agrarian Services Center or any other institute. Farmers’ association questions how this decision was taken without any such activity. Jayantha has requested for more details on this letter from the Agrarian Development Department through the Right to Know Act.

"Some people let paddy lands go barren claiming there is no water. Those barren lands are then reclaimed and sold as normal lands. These activities have increased as Dambulla is a commercial city. Farmers are trying to remove their memberships - Ven. Inamaluwe Sri Sumangala Thera Mahanayake of Dambulla Chapter of the Siyam Sect"

Deputy Commissioner of the Agrarian Development Department P. A. Madusanka in his letter no 711/4/42 dated 23-11-2021 said that he could not find any letter numbered CG/002 General sent to Jaliya Opatha claiming that a land was not a paddy land. 

Jayantha has once again inquired from the Department in this regard and the Deputy Commissioner has asked him to make inquiries from the Dambulla Agrarian Services office whether the office received a letter with such a request. Jayantha has also inquired from the Matale Agrarian Development office about the letter. Its information Officer G. G. W. Damayanthi has informed on August 31 2021 that the office did not receive a letter sent by Agrarian Development Commissioner General addressing Jaliya Hemantha Opatha or a copy of the letter. She has also said that the Agrarian Development Deputy Commissioner has not submitted any observation report on the land to take such a decision. 

Dambulla Police OIC has also denied the receipt of such letter. 
Dambulla Agrarian Development Officer R. M. J. Sampath Kumara has also denied receipt of such letter on December 28. 
S. M. G. K. Perera, the officer named by Matale District Secretary, has also informed Jayantha on December 4 in writing that the information he requested was not available.

He has also inquired from the Matale Agrarian Development District Office about the letter no LM8076 dated 15-02-2021 and the office has denied the receiving receipt of any such copies. Matale District Central Environmental Authority Assistant Director M. M. I. J. Janaka has also denied the receipt of such a letter. Sri Lanka Lands Development Corporation has said that the letter no LM 8076 containing committee decisions dated 15-2013 has been sent to Matale Agrarian Development Assistant Commissioner and its copies to Urban Development Authority, Dambulla Pradeshiya Sabha Chairman, Central Environmental Authority. 

If so only Jaliya Hemantha Opatha has received a letter with the Agrarian Development Commissioner General’s Signature on it. “I do not understand how only the Mayor received a letter and not the other public institutes. I have received the committee approval of the farmers association to check if the letters were fraudulent. After examining all the letters we will take legal action for marking fingerprints illegally and preparing fake documents,” Jayantha affirmed.

"Transferring these lands is not part of our duties. These are Vihara and Devalagama lands. When reclaiming those land, officers of the Agrarian Services Department and agricultural research officers give recommendations which are forwarded to the district agricultural committee -Piyal Jayasooriya Dambulla Divisional Secretary"

The Dambulla Mayor acknowledging the development of the paddy land said he received the approval and had in his possession the legal documents from the relevant public institutes and officers. “I never forged fake documents. All activities were done keeping with the law. I do not know how the officers gave approval for developing the land. When developing these lands, an order was issued to halt the operation and my land was also among those lands. I also have a letter given by the Mahanayake permitting reclamation of my land,” the mayor added.

Speaking on measures to be taken in this regard, Dambulla Divisional Secretary Piyal Jayasooriya said that those lands were not government lands. “Transferring these lands is not part of our duties. These are Vihara and Devalagama lands. When reclaiming those land, officers of the Agrarian Services Department and agricultural research officers give recommendations which are forwarded to the district agricultural committee. Together with its recommendation, all the recommendations are forwarded to the main office in Colombo through the district agrarian services commissioner. We give our recommendations only when they are sought. If anyone has prepared fake documents or engaged in illegal activities, the law should be enforced on them.” he added.
When inquired whether a land was transferred to Dambulla Mayor illegally, Attorney-at-law L. R. Wijethunga said he could not give a statement without studying those documents. “If you want, publish it on the newspaper. Or you can file a case.” said Wijethunga. 

Contacting Agrarian Development Department Commissioner General A. H. M. L. Abeyrathna was futile as he was at a meeting, but a spokesperson said that some people have prepared fake documents using the commissioner general’s signature and documents of the institute and legal action should be taken regarding this issue.
The Mahanayake of Dambulla Chapter of the Siyam Sect, Most Ven. Inamaluwe Sri Sumangala Thera said that due to increasing land reclamation activities the Sri Sumangala Farmers Association is only left with 691 acres out of 800. “It takes so much effort to protect paddy lands and to cultivate successfully. Some people let paddy lands go barren claiming there is no water. Those barren lands are then reclaimed and sold as normal lands. These activities have increased as Dambulla is a commercial city. Farmers are trying to remove their memberships. Officers have even supplied electricity to these reclaimed lands. Lands are sold using fake documents. I have not given any letter to the mayor approving to reclaim lands. Authorities should act to address this situation,” the priest added.

Banks are granting loans in millions to individuals to buy these lands that are sold using fake documents