Is Kotte MC selling reclaimed land by bending the law?

Equipment at the children’s park being removed to facilitate the construction of the 10-foot road

• Sri Jayawardenepura Kotte Municipal Council has constructed a 10-foot-wide road through a nearby children’s park
• Some individuals in the Sri Jayawardenepura Kotte Municipality reclaimed marshlands and sold them to the public 
• There are calls to investigate whether Metallix Engineering Co. Ltd has received compensation for the portion of land taken over by the government
• Sri Jayawardenepura Kotte Municipal Council approved a plan created after the marshland was filled, without considering the potential for troublesome issues
• It is unclear who authorised the Sri Jayawardenepura Kotte Municipal Council to approve the plan for the land and allocate a road in a hurry

At the end of 16th Lane on Ananda Balika Mawatha in Pita Kotte, a marshland originally designated for drainage purposes has been gradually reclaimed. Sri Jayawardenepura Kotte Municipal Council has constructed a 10-foot-wide road through a nearby children’s park leading to this reclaimed land. Despite protests from local residents, the council has proceeded with plans to build the 10-foot-wide road to reach this reclaimed marshland. Additionally, the council has arranged to relocate the equipment at the children’s park.

The land in this area was acquired by the government through Gazette No. 689/14-1991, issued on Wednesday, November 20, 1991. This acquisition, as claimed, was to be a part of a plan to address the threat of floods affecting Colombo city and its surrounding areas. According to this plan, a plot of land owned by the Metallix Engineering Co. Ltd on Epitamulla Road in Pitakotte was also acquired by the government as a measure taken to control floods. According to local residents, access to this land was from Epitamulla road, Pitakotte. It is mentioned in the gazette as Metallix Engineering Co. Ltd, Epitamulla Road. . Accordingly, by virtue of the powers vested in me, I, Gamini Athukorala, Minister of Land, Irrigation, and Mahaweli Development, hereby instruct the Land Acquisition Officer listed in Appendix 1, or any other officer authorized by the aforementioned officer, to take possession of the specified lands outlined in the second paragraph of the said Appendix.” the gazette says.

“According to Section 38(a) (Chapter 460) of the Land Acquisition Act, those lands will be acquired
Accordingly, 20.36769 hectares of land from Diyawanna Kumbura and Ambalawala Kumbura have been acquired by the government as specified in Lot No. 1 A. It has also been noted that a plot of land belonging to Metallix Engineering Co. Ltd is included in this portion of acquired land.

Over a period of time, flood control measures have included reclaiming low-lying lands. Sri Lanka Land Reclamation and Development Corporation has built canals and dams to facilitate drainage activities. Waste and soil accumulated during the cleaning of these canals and dams are deposited on marshy areas that retain water. Over the years, many have exploited the opportunity to fill in these marshlands. Some individuals in the Sri Jayawardenepura Kotte Municipality reclaimed these marshlands and sold the land to the public through private companies. Similarly, the marshland near the children’s park on 16th Lane, Ananda Balika Mawatha, Pita Kotte has been gradually filled with soil, which can be seen by anyone who visits the area. Residents are currently protesting against this land reclamation activity.

A road that is easily inundated due to the slightest rain

Plantain trees have been planted in an area which once served as marshland

There was also a government plan to build a road connecting Ananda Balika Mawatha and Epitamulla Road for the convenience of children attending Ananda Balika Vidyalaya. However, the construction of that road was stopped because it would further block Ananda Balika Mawatha. Additionally, if the road was built, water that accumulates and flows during heavy rains wouldn’t pass down the canals and dams; which would then cause flooding in the surrounding areas. As a result, the construction of the road was halted, according to locals.

The marshlands and children’s park are depicted in Preliminary Plan No. 7389 within the Pitakotte Sri Jayawardenepura city limits, Pita Kotte Division No. 6, Colombo District, Western Province, as of September 1, 2093, according to the Survey Department. Lot No. 52 on that map (Lidamulla Kumbura), covering an area of 0.0901 hectares, is indicated as marshland. Similarly, the 0.0234-hectare land in Plot No. 53 (Lidamulla Kumbura), said to belong to Metallix Engineering Co. Ltd., is also marked as marshland. Additionally, a 0.0275-hectare plot in Plot No. 53 (Lidamulla Kumbura) is designated as a children’s park. All three parcels of land are listed as government-owned property on the same map.

Sri Jayawardenepura Kotte Municipal Council officials have attempted to build a 10-foot road through the middle of the aforementioned children’s park and return Lot No. 53 in the plan to Metallix Engineering Co. Ltd. However, several issues need to be addressed before the land can be returned. It must be investigated whether Metallix Engineering Co. Ltd has received compensation for the portion of land taken over by the government, whether the government has developed the land and whether the land was requested by Metallix Engineering Co. Ltd or its associates.

If the land is to be returned, it should be given to Metallix Engineering Co. Ltd. However, Metallix Engineering Co. Ltd ceased engaging in operations around the year 2000 and since then the company has been closed. Additionally, the access road to this land was from Epitamulla Road and not from Ananda Balika Road. It is possible that the company’s board of directors had approved the government’s acquisition of this land. Given that the company no longer exists, local residents believe there are several issues that need to be resolved before the marshland can be returned to its original ownership.

Residents protesting against the building of the road on a land which was earlier a part of the children’s park

Metallix Engineering Co. Ltd Director M. Prema Wijesinghe has appealed to the Sri Lanka Land Reclamation and Development Corporation to request the return of Lot No. 53 in the plan. In response, the Ministry of State Defence and Urban Development sent a letter on 23-01-2013, referenced as No. MOD/Tec/4/Sllrdc/PR/14(4). The letter states that no compensation has been paid for the land and that the government hasn’t used it for public purposes or made any developments since its acquisition. It also notes that the original owner has expressed willingness to regain the land after its divesting and that the land hasn’t been occupied without permission. Mahinda Rajapaksa, as the Minister of Defence and subject minister for Urban Development, signed the letter, indicating that the board of directors of the Sri Lanka Land Reclamation and Development Corporation has decided to divest the relevant plot of land in response to Wijesinghe’s appeal.

Extraordinary Gazette No. 1797/2-2013, issued on February 11, 2013, mentions Lot No. 53, Lidamulla Kumbura, covering 0.0234 hectares. To acquire this land, Manori Unambuwa, who is related to the owners of Metallix Engineering Co. Ltd., has made a request to the Sri Lanka Land Reclamation and Development Corporation of the Ministry of Urban Development, Water Supply, and Housing. 

A plan for this land was drawn on May 26, 2019, by surveyor A.K. Wanigasinghe from Plan No. 4087. According to his plan, a 10-foot road is shown as separated from Lot No. 54, where the Children’s Park is located, on Plan No. 7389 issued by the Survey Department of Sri Lanka. This new plot, named as 54 A, covers 1.45 perches. The total land area indicated includes 9.25 perches from Plan No. 7389 and Plan No 4087totaling 10.70 perches. The Sri Jayawardenepura Kotte Municipal Council arranged to approve Plan No. 4087 on June 10, 2020, with conditions.

Acting in violation of existing laws

By approving this plan, it is implied that the Sri Jayawardenepura Municipal Council has acted in violation of existing laws. Plan No. 7389, surveyed by the Sri Lanka Survey Department on October 3, 2003, clearly states that Plots No. 52 and 53 are marshlands and that Plot No. 54 is a children’s park. The same boundaries are confirmed in Plan No. 1797/2 and No. 53, issued on February 11, 2013. In this context, residents allege that the filling and reclamation of the marshland, creation and transfer of deeds, and allocation of roads have occurred with the intervention of government officials.

When water accumulates during heavy rains on 16th lane on Ananda Balika Mawatha, the drainage function doesn’t take place properly due to the filling of the marshlands, identified as numbers 52 and 53. Local residents have noted that the road becomes submerged, leading to minor flooding. Despite this, the Sri Jayawardenepura Kotte Municipal Council approved a plan created after the marshland was filled, without considering the potential for troublesome issues. Although a road leading to the land in the plan is depicted, in reality, there is no access to the land via a road.

Plan No. 7389, Plot 54, shows a children’s park. It is a public property owned by the government. However, in reality, there is no access to this land. Despite this, the Sri Jayawardenepura Kotte Municipal Council has approved Plan No 4087 that shows a 10-foot road, even though there is no actual road to the land.

The Sri Lanka Land Development Corporation sent letter No. LA/120/Vol. VI, dated June 23, 2020, to Manori Unambuwa, in response to her request for this parcel of land made on September 6, 2020, before granting approval. According to the letter, the Sri Lanka Land Reclamation and Development Corporation indicates that there is no objection to using the canal as the access road to the land in question. It notes that the land is a marshland, and necessary approvals must be obtained from the relevant institutions before any development work takes place. Additionally, the letter says that the protected area should remain open for access at three points, with no construction being allowed.

According to the letter sent to her on June 23, 2020, Unambuwa made a request to the Sri Lanka Land Reclamation and Development Corporation regarding her land on September 6, 2020. However, before the Sri Lanka Land Reclamation and Development Corporation conveyed its decision, the Sri Jayawardenepura Kotte Municipal Council conditionally approved Plan No. 4087, as drawn by Surveyor A.K. Wanigasinghe, on October 6, 2020. Residents of the area have expressed serious concerns that the Sri Jayawardenepura Kotte Municipal Council may be attempting to fill this marshland, create an access road, and hand it over to Unambuwa.
According to the letter, activities on a marshland on state land and a children’s park were approved before inquiries were made from other institutions. It is unclear who authorised the Sri Jayawardenepura Kotte Municipal Council to approve the plan for the land and allocate a road in a hurry. There is speculation whether the Sri Jayawardenepura Kotte Municipal Council may be misusing the law by filling the marshlands. This is despite knowing that this area becomes inundated during the rainy season.

When this newspaper asked A.K. Wanigasinghe if Plan No. 4087 he had drawn was valid, he mentioned that there was an earlier plan which accommodated a separate road. He was referring to a deed before the one he had created. He said that he drew this plan based on that map and advised that information about this should be obtained from the Sri Lanka Land Reclamation and Development Corporation. Following his advice, this newspaper contacted the Sri Lanka Land Reclamation and Development Corporation, but officials there informed that they needed time to provide information. To date, this newspaper hasn’t received the requested information.

This newspaper also spoke to Unambuwa regarding these matters. She stated that she didn’t wish to speak to the media about this matter.