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Asked Date
2022-09-09
Asked by
Hon. Wasantha Yapabandara, Attorney at Law, M.P.
Ministry
Environment
Legislature
Ninth Parliament of the D.S.R. of Sri Lanka
Session
Third Session
(a) (i) Yes.
(ii) Yes.
The area in extent of 59.4 hectares, which includes the River Mahaweli and all the islands located within it and situated within the Harispattuwa and Yatinuwara Divisional Secretaries' Divisions in the Kandy Four Gravets and Ganagawata Korale in the Kandy District within the Central Province, had been declared an Environmental Protection Zone by Gazette Extraordinary No. 2024/6 dated 19.06.2017 under the National Environmental Act.
(iii) The Central Environmental Authority has reported that five noticeboards have been erected within the Waratenna-Hakkinda Environmental Protection Area in order to inform the general public that the area has been declared as an Environmental Protection Area, giving the following details:
• Map depicting the Environmental Protection Area
• Legal provisions regarding the declaration of the Environmental Protection Area
• The fact that it is an offence under the National Environmental Act to conduct any project or activity within the Environmental Protection Area other than permitted usages carried out under a prior approval of the Central Environmental Authority.
(iv) The Central Environmental Authority has reported that arrangements have been made to take action under the National Environmental Act, No. 47 of 1980 against the illegal constructions including hotels. Relevant information has been given in answer to Questions (b) (i) and (b) (ii).
(v) The Central Environmental Authority has informed that action has been taken through the environment protection licensing system to control the environmental pollution caused by industries situated within the Kandy Municipal Council limits ( for which activities it is required to obtain Environmental Protection Licences as per Gazette Extraordinary No. 2264/17 dated 27.01.2022).
The Central Environmental Authority has also informed that the Authority does not have the legal power to take action under the National Environmental Act regarding all the illegal buildings situated within the Kandy Municipal Council limits, that the Authority does not even have the information pertaining to that and the power to obtain information to take legal action in this regard rests with the Kandy Municipal Council and the Urban Development Authority.
(b) (i) The Central Environmental Authority has communicated that nine illegal constructions have been reported within the Waratenna-Hakkinda Environmental Protection Area (in the area between the Getambe Bridge and the new Dodanwala Bridge).
The Central Environmental Authority has reported that the Authority has no power to act under the National Environmental Act regarding the buildings constructed outside the Environmental Protection Area, i.e. from the Getambe Bridge towards Gannoruwa, and information pertaining to the measures hitherto taken regarding such buildings has to be obtained from the Mahaweli Authority of Sri Lanka, the Urban Development Authority and the Yatinuwara Pradeshiya Sabha.
(ii) It has been reported that the Central Environmental Authority has taken steps regarding the following illegal constructions existing within the Waratenna-Hakkinda Environmental Protection Area:
1) K.S.M.D. Samaranayake residing at No. 399, George de Silva Avenue, Dodamwala had carried out constructions in contravention of the plan approved by the Kandy Municipal Council.
Legal action has been taken for demolition and removal of all the illegal constructions that have been carried out contrary to the approved building plan. (Case No. 36490, Kandy Additional Magistrate’s Court 02)
At the hearing held on 28.04.2022, the respondent party expressed the consent to demolish the above-mentioned illegal constructions. Accordingly, the respondent party demolished and removed the illegal constructions concerned and informed the Central Environmental Authority of it. Subsequently, the officers of the Central Environmental Authority inspected it, reported it to the Court at the hearing held on 25.08.2022 and concluded the case.
2) The Kandy Municipal Council had carved through the river reservation on the southern bank of the River Mahaweli at the place named Polkotuwa on the King Rajasinghe II Avenue in Dodamwala and constructed a flight of stairs consisting of a handrail using concrete.
As per the recommendation of the Waratennan-Hakkinda Environmental Protection Area Monitoring Committee, the Kandy Municipal Council, which had constructed the above-mentioned flight of stairs illegally, was informed in writing on 06.01.2021 to take action to demolish and remove it. In addition, a reminder dated 20.04.2022 has also been sent.
3) M.H.L. Wickramasinghe residing at No. 61, King Rajasinghe II Avenue had constructed a house illegally on a land belonging to the Kandy Municipal Council within the reservation of the River Mahaweli.
The above-mentioned construction was discussed at the Technical Committee meeting held on 07.01.2022 and the Committee recommended that legal action be taken against the said illegal construction. The Additional Secretary (Lands), who attended the Committee, stated that local authorities had in their possession both State lands and donated lands and such donated lands could not be treated as State lands. Therefore, he suggested that, before resorting to legal action, it was suitable to get the verification specifically from the Commissioner of Lands whether the land on which this construction had been carried out was a government land. The Committee recommended that legal action be taken as he suggested.
According to the recommendation of the Committee, this matter has been referred to the Commissioner of Lands by letters dated 03.02.2022 and 07.03.2022 to verify whether the land concerned is a State land. As such, legal action is to be initiated regarding the illegal construction concerned as soon as the Central Environmental Authority receives information to the effect that the land concerned is a State land.
4) Jagath Kolitha Kahandawala residing at No. 311/17 Elephant Walk Lane, River Place Garden, Hal-Oluwa, Waratenna has used flagstones and applied a layer of concrete illegally in the river reservation.
The person who carried out this construction was made to remove the concrete and bring the river reservation back to its normal state.
5) K.U.A.K. Fernando had constructed a hotel by the name "Why Not Garden" at No. 107, King Rajasinghe II Avenue, Kandy illegally.
The Waratenna - Hakkinda Environmental Protection Area Monitoring Committee has recommended that the Central Environmental Authority should decide on taking legal action against that. Legal action has been initiated regarding the demolishing and removal of the illegal construction that has been carried out at the above-mentioned place (Case number 36491 - Kandy Magistrate’s Court 02). As such, the Court gave an interim injunction in order to stop the illegal construction that was being carried out at the place concerned and at the hearing held on 28.04.2022, that interim injunction was further extended. The case concerned is to be examined in due course.
6) C.D. Suresh Aberathna had carried out illegal improvements at a place maintained on a land belonging to the Kandy Municipal Council at No. 57, King Rajasinghe II Avenue, Gatambe, Kandy, where restaurant facilities are supplied.
The matter regarding the above-mentioned construction was referred to the Committee held on 07.01.2022 and subjected to discussion. The Committee recommended that legal action be taken against the illegal construction. The Additional Secretary (Lands), who attended the Committee, stated that Local Authorities had in their possession both State lands and donated lands and that such donated lands could not be treated as State lands. Therefore, he suggested that it was suitable to get it verified specifically from the Commissioner of Lands whether the land on which this construction had been carried out is a government land before resorting to legal action. The Committee recommended that legal action be taken accordingly.
According to the recommendation of the Committee, this matter has been referred to the Commissioner of Lands by letters dated 03.02.2022 and 07.03.2022 to verify whether the land concerned is a State land. As such, legal action is to be initiated regarding the illegal construction concerned as soon as the Central Environmental Authority receives information to the effect that the land concerned is a State land.
7) Construction of an illegal abutment wall close to the bank of the River Mahaweli at the premises of the hotel belonging to the Oak Ray Restaurant (Private) Limited maintained at No. 09, King Rajasinghe II Avenue, Gatambe, Kandy.
The Director General of the Central Environmental Authority has issued an order dated 28.02.2022 in terms of Section 24(b)(1) of the National Environmental Act, No. 47 of 1980 pertaining to the illegal construction that is being carried out at the above-mentioned place. Accordingly, Case No. 40119 was filed at the Kandy Magistrate’s Court 02 on 25.08.2022 pertaining to the illegal construction carried out at the above-mentioned place. The case concerned is to be called on 29.09.2022.
8) A.N.B. Dascon had constructed an illegal building at No. 300/4/B/1, Warathenna, Halloluwa.
The matter of the above-mentioned illegal construction was referred to the Committee, which met on 05.05.2022, and was subjected to discussion and the Committee recommended that legal action be taken regarding the above-mentioned illegal construction. As such, steps are being taken to file action at the court of law against the person who carried out that illegal construction
9) A person named W.J.N. Wijerathna residing at No. 49, King Rajasinghe II Avenue, Getambe, Kandy had illegally constructed a building on a land belonging to the Kandy Municipal Council.
Action is being taken to issue a directive in terms of Section 24(b) I of the National Environmental Act, No. 47 of 1980 regarding this illegal construction, which was revealed during the follow-up conducted within the Warathenna - Hakkinda Environmental Protection Area by the officers of the Central Environmental Authority on 01.09.2022.
(c) Does not arise.
Answered Date
2022-10-06
Answered by
Hon. Naseer Ahamed, M.P.
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