CMC ignores UDA order to check on unauthorised construction on sanctioned street line

There has been a deliberate failure on the part of the CMC to take action regarding an unauthorised construction, that has blocked the 40’ sanctioned street line that connects Pamankada Road and Stafford Avenue, Colombo 6, despite instructions given by the Urban Development Authority to solve the matter.   

The illegal construction has blocked the 40’ sanctioned street line that connects Pamankada Road and Stafford Avenue Colombo 6

A complaint was lodged at the CMC on the said unauthorized construction in September 2022 

Director (City Planning) CMC has been given instructions to take legal action against the illegal construction 

The Colombo Municipal Council is at loggerheads with the Urban Development Authority over an instruction given by the latter which is yet to be implemented by the former.   

The Urban Development Authority (UDA) had given instructions to the Colombo Municipal Council (CMC) to take necessary action against an unauthorised construction on a sanctioned street line in Colombo 6. However, for the past eight months, the CMC has failed to act on the specified instructions which has led the UDA to take action by themselves.   

Although the CMC is responsible for local administration and services that includes city planning within the city limits, the UDA oversees the planning and development in urban areas including Colombo. As per the UDA Act No: 41 of 1978 (as amended), it has the power to delegate certain responsibilities to local authorities specifically related to planning.   

As per the UDA Act, Additional Director General UDA, by letter dated October 18, 2023, instructed Director (City Planning) of the CMC to take action against an encroacher in Colombo 6, for extending his house on to a sanctioned street line. Members of the neighbourhood have lodged several complaints to the CMC from the time the unauthorised construction commenced. Since there was a deliberate failure on the part of the CMC to take action the constructor worked on completing the unauthorised building; an activity which caused severe strain amongst the residents.   

CMC’s request letter to the UDA to take necessary action   

According to S.M.A. Mikash, one of the neighbours, an illegal construction has blocked the 40’ sanctioned street line that connects Pamankada Road and Stafford Avenue Colombo 6.   

“This construction has obstructed the access the neighbourhood had to Stafford Avenue; in the event the passage requires to  be used during an emergency. Although we requested the builder not to block the street line, he ignored our request and got his three storied house extended on to the sanctioned street line,” Mikash said.   

A complaint was lodged at the CMC on the said unauthorized construction in September 2022, by Dr. A.J. Mackie. “I met the Commissioner CMC, Badrani Jayawardena, several times over this issue. She was so eager to assure justice for the residents at Pamankada Road, Colombo 6 knowing that the unauthorised building had blocked the street line which was meant to be used in an emergency. She even instructed her officials to attend to the matter, but surprisingly, the city planning division of the CMC did not heed the Commissioner’s orders but were dragging their feet without taking any action against the encroacher,” Mikash said.   

Complaints fall on deaf ears

According to Mikash, since every complaint they lodged since 2022 at CMC has fallen on deaf ears, the residents had no other option, but to make a complaint regarding the matter to the UDA, who took immediate action to attend on it. On the instructions of the UDA, the CMC is said to have visited the site in question.   

By letter dated September 7, 2023 (Ref. No. ME/PB/45/UA/4522/22), Director (City Planning) CMC, Eng. Anuja Mendis, has informed Director (Enforcement) UDA, that the complaint they received from Dr. Mackie, does not fall into their purview as the building plan for Assessment No: 44/29, had been approved by the UDA but not the CMC.

   UDA’s letter to the CMC to take legal action against the unauthorized construction   

The letter further states, ‘As per the complaint received from Dr. Mackie, our officers inspected the site and was observed that there was an ongoing construction at No: 44/29, which has not been approved by the CMC. Owner of the premises has told that the approvals have been granted by the UDA, but neither an approved plan nor a development permit was submitted to the City Planning Division of the CMC by the owner of the premises. Therefore, you are hereby informed to take necessary actions regarding this complaint’.   

 “Fahim had informed the CMC that the court had given him permission to go ahead with the construction and it was based on that he had got the building constructed on the sanctioned street line. Then we got our legal department to check the documents whether there was a court order as such. Since Fahim misled the CMC, we sent him a notice to clear the sanctioned street line”

Eng. Anuja Mendis at the CMC Commissioner’s Office

Following these developments, Additional Director General UDA, Mahinda Withanarachchi had had a discussion with the CMC officials on October 17, 2023, on the sanction street line blocked by A.N.M. Fahim of No: 44/29, Pamankada Road. At this meeting it was revealed that the survey plan No: 2328, had been approved by the CMC, and the building plan for Lot No: 11003 of the said survey plan had been approved by the UDA. However, for the sanctioned street line, which is depicted as Lot No: 11004, neither a building plan had been submitted to the UDA by A.N.M. Fahim, nor had the UDA granted any approval for any development work.  

The surveyor plan depicting the sanctioned street line 

As a result of what transpired at the said meeting, Additional Director General UDA, Mahinda Withanarachchi by letter dated October 18, 2023, had given instructions to the Director (City Planning) CMC, to take legal action against the illegal construction.   

The letter further states, ‘This refers to your letter dated September 7, 2023 (Ref. No. ME/PB/45/UA/4522/22). As per the decision taken at the discussion held with your officials on October 17, 2023, if any unauthorized building has been constructed on the sanctioned street line, as per the powers vested on you by the UDA, I kindly request you to take legal action against the owner of the unauthorized construction’.   

Although the CMC failed to take any action on the given instructions for five months, Deputy Director (Planning) UDA, H.W.I.H. Witharana by letter dated March 18, 2024, has sent a reminder to Director (City Planning), requesting him to inform the UDA what action they had taken against the unauthorized constructions at No: 44/ 29, Pamankada Road, Colombo 6.   

The letter states further, ‘This refers to the letter dated October 18, 2023 (Ref: No: ADG/ EAM/ COM/ CMC/357) sent to Director City Planning CMC.   

Instructions given to institute legal action 

‘As per the powers vested in you by the UDA, instructions were given to institute legal action against No: 44/29, Pamankada Road, Colombo 6. Please inform us, what action you have taken in this regard’.   

“According to Plan No: 2328, surveyed by Licensed Surveyor K. Kanagasingam, it is clearly depicted that Lot No: 11004 is within the sanctioned street line which is seven perches in extent. Having submitted all these relevant documents to the CMC, it is questionable why the CMC did not take prompt action to our complaints. We met Director City Planning on several times to air our grievances, but he was not supportive,” Mikash alleged.

 “According to the CMC Act, they can take instant action against any unauthorized construction and in this case it has been done on a sanctioned street line where carrying out any form of construction is strictly prohibited. As per the UDA Act, we appointed a committee and took a decision to initiate legal action against the encroacher”
- Prasad Ranaweera, Director General UDA   

When contacted A.N.M. Fahim to find out why he got his house extended on to the street line, He said that he had to consult his lawyers before making a comment to the paper. Later, he responded with a text message saying that his lawyers didn’t want him to make any comments as he has a pending legal case in courts.  

“Since there is a legal matter pending in courts, I am sorry I cannot give a comment to your paper,” Fahim said.   
When contacted Director General UDA, Prasad Ranaweera what action can be taken against the CMC for not implementing their orders, Ranaweera said that the subject matter was taken up at a committee and was discussed widely on the issue. According to him, although the UDA has delegated certain powers on to local authorities, in most cases, they have failed to discharge their duties by the general public.   

“According to the CMC Act, they can take instant action against any unauthorized construction and in this case it has done on a sanctioned street line which is strictly prohibited to carry out any construction. As per UDA Act, we appointed a committee and took a decision to instigate legal action against the encroacher at the very earliest since the local authority (CMC) is evading our instruction which they are bound to adhere,” Ranaweera said.  

When this writer met Eng. Anuja Mendis at the CMC Commissioner’s office, to find out why they failed to take necessary action to the complaints they received from the residents and why they failed to honour the instructions given by the UDA, Mendis said that they are in the process of taking the necessary legal action as instructed by the UDA. According to him, the encroacher A.N.M. Fahim has no right to engage in any construction on a sanctioned street line therefore they have sent him two notices to move away from the said road reservation land.   
“Fahim had informed the CMC that the courtc had given him permission to go ahead with the construction and it was based on that he had got the building constructed on the sanctioned street line. When our our legal department checked the court order documents for validity it was revealed that  Fahim had misled the CMC, we sent him a notice to clear the sanctioned street line. We gave him one month to respond failing which we sent him the second notice as well. As there was no response we are going to file legal action soon. The reason why there was a delay was not that we ignored the complaints or the UDA instructions, but had to go through all the documents carefully and send the notices to Faahim,” Mendis said.