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Sinharaja
issue: Rajitha says nothing illegal...
Lands
Minister Rajitha Senaratne has respounded to last week's article
titled "Land Rip-off Commission." Published below is the
letter.
Attention
of the Lands Ministry has been drawn to a report published in The
Sunday Leader issue of February 8, which has been factually
incorrect and misleading. We would like to furnish you the correct
position of this issue and expect that you will give the same
exposure to our version.
When
the United National Front (UNF) government was formed, I was
entrusted to formulate a Land Policy to suit the modern times
which could help the development of the country. I worked on the
theory that the development of the country is based on the
development of the unused land.
To
say that the land leases were done illegally is completely
incorrect. It was done within the law and the said parcels of land
did not come within the conservation area.
The
Land Reforms Commission (LRC) lands that were leased do not come
under the perimeters of the Sinharaja forest. Therefore the said
statement in your report is a complete falsehood. The map of the
area which clearly indicate the correct boundaries is sent
herewith for your information.
When
the Morning Side Estate came under LRC it was planted with tea and
cardamoms. Due to neglect over the years the land became a jungle
and undeveloped.
Central
Environment Authority (CEA) went to courts on this matter claiming
this land is part of the Sinharaja Reserve without giving them a
chance to prove the correct position and obtained a stay order
restraining the land leases by the LRC in that region.
Infact
on the instructions of the Prime Minister we had planned to grant
5,000 acres of unused land to extend the Sinharaja forest reserve
area.
Morning
Side Estate contained 1,290 acres. CEA wanted 137 acres from this
land for their expansion programme. This requirement was indicated
in a letter addressed 27.02.04 by the Environment Ministry
Secretary to the Lands Secretary.
While
this request was being considered in their favour CEA sent a fax
to LRC on 03.02.04 requesting the management to refrain from
felling the trees in the above land.
It
appeared that the CEA had got their facts all mixed up.
Unfortunately,
they did not give any time to explain the correct picture, and
went before the courts of law on the same day against the LRC.
There are much more details which I could give on this issue for
the hidden reasons for this action. But would like to refrain from
doing so at this juncture as I believe it is unethical at this
moment.
Meanwhile
the Land Reforms Commission has sent the following letter.
1.
The Land Reforms Commission was established by Act No: 1 of 1972
by the National State Assembly of Sri Lanka.
2.
The lands that were vested with the Land Reforms Commission were
the agricultural lands that were owned by individuals in excess of
the limit of 50 acres. Any such agricultural land that was vested
with the Land Reforms Commission would be claimed by the declarant
to an extent of 50 acres for themselves and to an extent of
another 50 acres for a child who was over the age of 18 years on
the 26th day of August 1972.
3.
The extent of paddy land that could be enjoyed under the law by an
individual is only to an extent of 25 acres maximum.
4.
Land Reforms Commission has approved the ways the agricultural
land could be allocated as Section 22(1) of the Act, says it could
be provided for agricultural purposes, for the purpose of a farm,
for housing or for any other public purposes or to a child of a
declarant who's under the age of 18 years at the time the land was
vested with the Land Reforms Commission.
5.
When the United National Front government was formed in 2001 Lands
Minister Dr. Rajitha Senaratne declared and pronounced the
guidelines of the lands that are to be alienated and also to be
leased out for the purpose of agricultural development.
6.
The Land Use Policy was declared by the Minister and for the
purpose of housing an extent of land not exceeding 20 perches is
to be granted depending on the local authority limits. Apart from
that no other land is to be alienated by way of a sale. All lands
will be evaluated by the Government Chief Valuer and leases or
sale will be based only on the valuation of the Chief Valuer.
7.
The Land Reforms Commission which was running at a loss of Rs. 9
million, at the end of the 2001 made a profit of Rs. 2.5 million
erasing off the loss incurred in the previous year.
8.
The Land Reforms Commission was able to pay salaries of the
employees and the payment of the bonus also made not depending on
the Treasury. At the end of the year 2003 December the Land
Reforms Commission had an overall income of Rs. 146 million
enabling to record Rs. 27.6 million profit and holding a fixed
deposit of Rs. 50.5 million at the end of year 2003.
9.
The Land Reforms Commission was able to make this financial
achievement due to the firm supervision and guidance of Lands
Minister Dr. Rajitha Senaratne and due to the firm commitment by
the staff. The financial stability of the Land Reforms Commission
was mainly due to the commitment of the Lands Minister, the
government and the members of the staff of the Land Reforms
Commission.
10.
Any individual or a company that makes an application for the
availability of lands to the minister or the ministry, having
studied the project report and the financial report the Minister
approves the project.
11.
Depending on the field report if the land is free of encumbrances
a minimum of Rs. 25,000 will be charged for the purpose of
valuation, surveying and administration.
12.
Depending on the availability of land a project so approved by the
minister will be discussed for approval of the Commission and by
the Cabinet Sub Committee appointed for the purpose of land
alienation. On receipt of the Government Chief Valuer's valuation
an agreement will be signed between the Commission and the
parties.
13.
The applicant who receives the possession of the land for the
purpose of any project if it does not commence within the period
of six months after having possession of the land the Land Reforms
Commission would revoke the agreement and take back the possession
of the land so given.
14.
If such land granted for any project has trees of value, the
valuation of such trees will have to be paid to the Land Reforms
Commission by the applicant who takes over the possession of such
land.
The
Land Reforms Commission never deviated from the present day
procedure declared above.
Since
a
court case is pending instituted by the Central
Environmental Authority against the Land Reforms Commission, we
wish to make representations before court on Tuesday, February 17,
2004.
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