Chandrika Kumaratunga bandaranaike, Sunethra bandaranaike and Anura Dissanayake

By Frederica Jansz 

In Sri Lanka, through the centuries, groups of people have on a consistent basis stolen land from others. First it was the Portuguese, then the Dutch, then the British and to a certain degree the Indians. But a history of post colonial land grab in no way mitigates the magnitude by which politicians in this country have and continue to steal land for personal gain.

If we choose to be more explicit this page will not be sufficient to list the numerous cases, albeit with documentary proof, of the many, many times land in this country has been stolen by politicians past and present in order to boost personal fiefdoms.

But we digress. The issue of the hour, following zany orders by the new Media Minister, Mangala Samaraweera, the state media on June 17 published an interesting news item. The article was a direct attempt to character assassinate former Minister Prof. G.L. Peiris, who remains a pet hate of President Chandrika Kumaratunga ever since he chose to make that short walk across the parliamentary aisle and join the ranks of the United National Front (UNF).

The article in essence insinuated that Prof. Peiris had illegally acquired a 27 acre estate owned by the Land Reform Commission (LRC) at Mattegoda for just Rs. 164,500. The article charged that Prof. Peiris had acquired this extent of land by paying a mere Rs. 6,092 for each acre and a pittance of Rs. 38 per perch.

The whole story charged that Peiris had acquired this estate by misleading the LRC, resorted to using undue influence and pressure in order to transfer the property from his wife's name to his own for a very low price.

The fact is the property concerned is that of G.L. Peiris' grandmother and has been in the family for four generations.

Crunch time for the JVP

The article quoted Agriculture and Lands Minister, JVP's Anura Kumara Dissanayake who it is said has ordered a full inquiry into the matter. Dissanayake in fact is quoted expressing "regret" that the previous government failed to take any steps regarding this alleged land deal during the past seven years despite the JVP having disclosed the information.

It is certainly crunch time for the JVP. Let us see if the self righteous Anura Kumara Dissanayake and his brigand of Marxist colleagues have the gumption to bring into this ambit of an 'inquiry' another land deal involving the illegal acquisition of 170 acres of prime land at Horagolla by the Bandaranaike family for an absolute pittance.

But going by the JVP's recent track record in government, the former self proclaimed Sinhala nationalists have all but been beaten into submission and can no longer even say boo to a goose leave alone dig up the truth on an illegal land grab.

We have documentary evidence to prove that starting with the late Sirimavo Ratwatte Dias Bandaranaike, the Bandaranaike's including Chandrika and Sunethra have not only taken valuable state lands for personal gain but also twisted the arm of that easily influenced government institution, the LRC.

Here is how the Bandaranaikes slowly but surely acquired 170 acres of prime land at Horagolla after deviously circumventing land reform legislation which placed a ceiling of no more than 50 acres of land to be owned by any single individual.

Horagolla Walawwa inclusive of 50 acres in and around the Walawwa is written to Anura Bandaranaike, son of the late S.W.R.D. Bandaranaike. Separately, Chandrika Bandaranaike and her sister Sunethra inherited 50 acres of land each in remote areas situated deep inside Attanagalla. Sirimavo Bandaranaike was vested with 50 acres of land at an obscure estate called Montecatiny Group at Nikahettikanda.

Only too aware that the land they owned held little value in comparison to property in and around Horogolla, these three ladies decided to do something about this situation. And this is how they went about acquiring over 170 acres of prime land bordering the main Kandy-Colombo highway at Horagolla.

Land acquisition

In December 1985, through deed No. 142 which is attested by Notary Public Tudor Jayasuriya, Sirimavo Bandaranaike, Chandrika Bandara-naike Kumaratunga, Sunethra Nanayakkara and Anura Solomon Priyadarsi Dias Bandaranaike of No. 65, 65A and 63 Rosmead Place, Colombo 7, acquired 20 acres of land from in and out of Horagollawatte in the name of a so-called trust.

The name of the trust is not divulged in the written transaction. The 20 acres have been purchased for a nominal Rs. 89,300, which means the Bandaranaike family paid a pittance of Rs. 4,465 for each acre and only Rs. 27 per perch.

Two other close relatives were also part of this deal. They are Solomon Christoffel Obeysekere de Livera of No. 33 Shrubbery Gardens, Colombo 4, and Ralph St. Louise Pieris Deraniyagala of No. 15, Racecourse Avenue, Colombo.

If Anura Kumara Dissanayake can indeed muster the courage to initiate an inquiry into this 'deal' he will doubtless open a can of worms.

Both, this purchase and that of Mrs. G.L. Peiris, wife of Prof. Peiris were made within the span of one and a half years of each other. Mrs. G.L. Peiris purchased 27 acres at Mattegoda in 1984 for a sum of Rs. 164, 500 which means she paid Rs. 6,092 for an acre and Rs. 38 per perch.

But before we dwell on the land deal involving the Peiris's we will first detail how in addition to the 20 acres at Horagolla the Bandaranaikes secured by paying a mere Rs. 27 per perch, how they secured another 150 acres also at Horagolla Walawwa. Remember these acquisitions were in addition to the 50 acres already demarcated and allocated by law to the heir of Horagolla Walawwa, Anura Bandaranaike.

Chandrika Kumaratunga nee Bandaranaike 'exchanged' 50 acres she had inherited from the Attanagalla group for 50 acres vested with the LRC at Horagolla. This Kumaratunga did by deed No. 941 on December 21, 1979. The deed has been attested by Notary Public Herath Gunaratne.

Chandrika's land exchange

Her exchange included 32 acres, two roods and 33.4 perches bordering the Colombo-Kandy main highway. In comparison the land she 'exchanged' with the LRC is situated in an obscure area called Mukalanawatta at Nagoda, Hunupola.

Interestingly, the value shown for the land Kumaratunga acquired at Horagolla per acre is Rs. 4,775 while the value per acre from Mukalanawatta is more. Thus Kumaratunga qualified to also receive some money from the LRC - a sum of Rs. 9,000.

The value of the land Kumaratunga gave the LRC has been placed at Rs. 247,895 while the 50 acres she received at Horogolla bordering the Colombo-Kandy road has been valued at only Rs. 238,794. This in effect means an acre of this land cost only Rs. 4,775 and a perch a mere Rs. 29. If this is not highway robbery, what is? Surely there is enough material here for the new JVP Minister to conduct a full-scale inquiry?

Sunethra Bandaranaike, also 'exchanged' her inheritance of 50 acres also situated at Mukalanawatta at Nagoda, Hunupola and Wandurumulla villages for 50 acres at Horagolla. This exchange was done by deed No. 930 on October 19, 1979. This deed too, has been attested by Notary Public Herath Gunaratne.

Sunethra's land exchange

The 50 acres at Horagolla also borders the Colombo-Kandy main road. Her 50 acres at Mukalanawatte was valued at Rs. 247,895 while the 50 acres she was given at Horogolla was valued at Rs. 284,365 which means the difference amounted to a mere Rs. 36,470 which monies Sunethra Bandaranaike owed the LRC. This amount however was deducted from compensation monies due to her.

The question that begs answer is whether the new JVP Minister is satisfied with the value given by the LRC for the Horogolla land. At a value of only Rs. 284,365 for 50 acres, Sunethra Bandaranaike secured this land for a mere Rs. 5,687 for each acre and Rs. 35 per perch. Are you satisfied with the value difference Mr. Minister?

In the case of the late Sirimavo Ratwatte Dias Bandaranaike, the late Prime Minister took 50 acres from land in and out of Horogolla estate vested with the LRC in exchange for 50 acres from her statutory determination of land from the Montecatiny Group situated at a remote village in Nikkahetikanda. This 'exchange' was done by deed No. 929 on October 31, 1979 and was also attested by Herath Gunaratne.

The value per acre of her Horogolla land was placed at Rs. 4, 253 which means the LRC cost it at only Rs. 26 for a perch. The financial difference in the two lands when exchanged was placed at Rs. 60, 687 which monies Sirimavo Bandaranaike owed the LRC. What, Mr. Minister are you going to do about this?

In addition to all this land grab, on July 9, 1996 with Kumaratunga as President, the LRC acknowledged in writing a request made by Sunethra Bandaranaike for a further allocation of 0.7310 hectares (or 295 perches) to be released to the Bandaranaikes at Horagolla for the purpose of a car park and sentry post to be established at the S.W.R.D. memorial. The land was approved and allocated on a 99 year lease basis for a payment of only Rs. 900 per annum.

That is Rs. 75 per month for 295 perches, which also means a lease rental of 25 cents per perch for a whole month. That is less than one cent per day. Howzat!

If the JVP Minister is indeed entertaining any suspicion that Prof. G.L. Peiris misled the LRC and brought pressure on its former chief, then the Minister should entertain similar suspicion regarding these other transactions as well.

Best land at a pittance

After all, isn't it blatantly clear that these three ladies one of who remains President of Sri Lanka, exchanged the worst possible land from their inheritance, or land defined under the statutory determination law, for the best possible land at Horogolla for a mere pittance of a price?

President Chandrika Bandaranaike Kumaratunga paid a mere Rs. 29 per perch for her 50 acres at Horogolla, her sister Sunethra Bandaranaike paid only Rs. 35 per perch for land also at Horogolla while their mother Sirimavo Bandaranaike paid only Rs. 26 for a perch for 50 acres at Horogolla.

Just in case Anura Kumara Dissanayake does not have a clue how to go about this investigation, we will tell him how. The Minister should explore these very definite scenarios.

The first being that any land vested in the LRC should be free from all encumbrances and the LRC should have absolute title as stated within Section 6 of the Land Reform Act. When a land is allowed to be retained by a former owner on a statutory determination  under Section 19 as in the cases of these three ladies, any encumbrances that existed previously will recoil on such lands.

Accordingly, the LRC should be unwilling, if it had its free will, to exchange land with a former owner. In the circumstances is it possible to assume that pressure was brought on the LRC for these exchanges? Why should the LRC have had to take doubtful land in exchange for lands with an absolute title?

With reference to deed No. 929 involving the late Sirimavo Bandarana- ike, it could be seen that the survey plan in respect of the land which she was intending to get was made on February 10, 1977, earlier than the plan of her own land which was to be given to LRC.

The other two cases are also similar to this. How could this happen unless the whole 'operation exchange' was directed by these ladies or at least by one of them?

Was a search into the titles of the land surrendered by these ladies made? If not, why? Have they, including the LRC, authorised the notary to dispense with a search? If so why did they do that? Does not the whole transaction smell of pressure and undue influence?

But what is even more interesting is that many stages of these transactions have been completed at the time of the change of the government and under the regime of the late President J.R. Jayewardene. These three deeds were signed in 1979 after the government changed in 1977 and during the regime of the United National Party (UNP).

A senior official at the LRC requesting anonymity put it like this: "It is indeed a typical case very common to Sri Lanka - you scratch my back and I'll scratch yours."

Land Reform Law No 1. of 1972 was passed on August 26, 1972. There was an ex post facto provision under Section 13 going back to 15 months (May 22, 1971) which enabled the LRC to review any alienation of land during that period and declare such alienations null and void.

LRC turns blind eye

During this period Sirimavo Bandaranaike acting for herself and on behalf of Chandrika Bandaranaike alienated land in the face of that legislation. One classic case is two alienations on August 25, 1972 (On the eve of the bill becoming law) made by Sirimavo for and on behalf of Chandrika Bandaranaike. The LRC turned a blind eye to these alienations.

Sessional Paper No. 6 of 1980, the third interim report of the special presidential commission of inquiry into Sirimavo Ratwatte Dias Bandaranaike details on page 107 two classic cases of land alienation done by Sirimavo Bandaranaike.

The first is the property Ukmulla by deed No. 609 of August 25, 1972 attested by Notary Public V.G. Cooke and again at Ukmulla by deed No. 610 of August 25, 1972 also attested by Cooke.

In fact, within this questionable period of ex post facto legislation, there are 11 such land transactions illegally done by the late Sirimavo Bandaranaike. Of the 11, the two detailed and done on August 25, 1972 in relation to land at Ukmulla are the most classic.

Is it not possible to infer an immoral conduct on the part of these two ladies? Besides, is it not possible to conclude that the inactivity of the LRC on this matter is attributable to the pressure exerted by them on the LRC?

Issues