Mervyn - a law unto himself

By Malaika Fernando

With threats, intimidation and a don't care attitude for the laws that govern the country, Minister Mervyn Silva continues to bulldoze his way through the media, law enforcement agencies, and has now moved to allegedly acquire by force, state owned land.

In continuance of his acts of intimidation, Silva has allegedly commenced the construction of a temple complex in a 3.5 acre land in the Mudun Ela area in Kelaniya belonging to the Sri Lanka Land Reclamation and Development Corporation (SLLRDC), without SLLRDC approval.

SLLRDC owns 360 acres in the Kelaniya area - Vedamulla, Mudun Ela, Manel Gama, Vanavasala and Dippitigoda divisions. Most of the lands in the Kelaniya area are maintained by SLLRDC as part of the Greater Colombo flood management programme and are considered to be reserved land.

The land allegedly acquired by Silva by force a few months back is located within the Mudun Ela project. The Sunday Leader a few weeks back highlighted the land in Mudun Ela being allegedly filled by persons connected to Silva.

Over three acres of the 12 acre Mudun Ela land belonging to  SLLRDC has been allegedly encroached upon by Silva to build a temple complex. Construction on the land has begun amidst protests from SLLRDC workers who have even lodged several complaints related to the issue with the Peliyagoda Police.

SLLRDC officials, who wish to remain anonymous, told The Sunday Leader that Silva's supporters in the Kelaniya Pradeshiya Sabha had allegedly entered the land by force and taken it over for construction without obtaining any approval from the corporation.

Complaint lodged

SLLRDC had first lodged a complaint to the police on the alleged entry into the land by persons affiliated to the Kelaniya Pradeshiya Sabha on July 30.

The Sunday Leader learns that around 2.15 pm on July 30, several persons including those attached to the Kelaniya Pradeshiya Sabha had attempted to enter the land in Mudun Ela. When SLLRDC workers at the site prevented them, they had been informed the land was being used for a project launched by Silva with the President's consent.

However, disregarding requests made by SLLRDC workers, these people had allegedly entered the land by force and conducted a soil test.

SLLRDC had then lodged a complaint bearing number CIB3 293-300 with the Peliyagoda Police.

During the first week of August, another group of people had allegedly entered the land and conducted some religious ritual.

About a week later, construction work on the land had begun after the laying of the foundation stone.

SLLRDC has lodged two more complaints with the Peliyagoda Police on the alleged entry by force to the land without any approval. A complaint bearing number CIB2 173-206 was lodged on August 20 and another bearing number CIB2 205-232 on August 23.

However, when the police had called all parties for an inquiry on August 28, the respondents had failed to be present.

After allegedly entering the land by force and commencing construction work Silva had in writing requested SLLRDC Chairman for a 3.5 acre land to construct a temple complex.

Silva in the letter had requested for 3.5 acres of the land belonging to SLLRDC near the Bulugaha junction on the Kandy Road to build a temple complex as part of President Mahinda Rajapakse's concept of building temples.

The letter was written by Silva on August 15 and was received by the general manager's office on August 19.

Interestingly, Silva's request for a 3.5 acre land in Kelaniya to build a temple complex comes weeks after allegedly acquiring the land forcibly.

However, following the alleged acquisition of the land by Silva's supporters, SLLRDC had decided not provide water and electricity connections to the construction site.

Seeks help

Officials from SLLRDC told The Sunday Leader that following the corporation's decision not to provide water and electricity to the site, Silva had approached Urban Development and Sacred Area Development Minister Dinesh Gunewardena to intervene to solve the issue.

"Following a 'request' SLLRDC decided to provide temporary water and electricity lines to the construction site. However, no final decision has been made on handing over the land for the project," they said.

A few days later, SLLRDC Chairman had informed the Peliyagoda Police to temporarily suspend the inquiries into the complaints lodged by SLLRDC on the alleged entry and construction of a structure by force on a land belonging to the corporation as the matter was being 'negotiated between the parties concerned.'

According to SLLRDC officials, the corporation was yet to grant any sort of approval for the temple complex project to proceed.

However, regardless of the legality involved in the alleged forcible acquisition of a land, Silva and his supporters continue with the construction work at the Mudun Ela land.

The Sunday Leader that visited the land witnessed workers engaged in construction work.

In denial

SLLRDC Chairman meanwhile said he was not aware of any construction work taking place in the Mudun Ela land as permission had not been given for any such activity to take place (see box).

While the SLLRDC is still in 'discussions' over the issue, construction work at the land continues, as the helpless SLLRDC workers stand by, uncertain of the real position with regard to the land.

Apart from the Mudun Ela land, Silva has also allegedly acquired land belonging to SLLRDC in Manel Gama as well as in Vedamulla.

According to SLLRDC, the land in Mudun Ela consists of 150 acres and was acquired by the government for a development project.

Workers attached to SLLRDC allege that Silva with several of his supporters attached to the Kelaniya Pradeshiya Sabha had forcibly acquired about 20 acres in Vedamulla in Kelaniya belonging to the corporation to commence a "green revolution."

BoI project

Interestingly, part of the land Silva and his goons have allegedly encroached on have been earmarked for a housing project by the Board of Investment (BoI).

The Sunday Leader learns that the said housing project would have helped the corporation earn a sum of Rs.300 million but the land has now been taken over allegedly by Silva for 'cultivation' leaving SLLRDC without any funds.

According to SLLRDC officials, the BoI project is now on hold till the land falls vacant.

However, during Silva's acquisition of SLLRDC land in Vedamulla, he had also allegedly encroached on land that has already been given to several employees attached to  SLLRDC by the corporation in 2005.

Former SLLRDC Chairman, Somaweera Chandrasiri in 2005, following a request made by the SLLRDC Workers Union to provide land to its employees who did not have either a permanent residence or any land had allocated land in the Vedamulla area to 21 employees attached to the corporation.

Construction goes on

When The Sunday Leader visited SLLRDC land in the Vedamulla division a few weeks back, we witnessed the land being demarcated and separated into small plots and vegetable and fruit plants cultivated in them.

Another section of the land even had a huge billboard erected with the pictures of Silva and President Mahinda Rajapakse and the so called expressing of gratitude of the farming community to Silva for allocating the land for cultivation in line with a concept initiated by him.

The only assets that bring revenue to the SLLRDC are the lands owned by it and they are the main funding source for the corporation. "It is through leasing out these lands that we get funds for the corporation as we do not get any Treasury funding. It is these earnings that help us maintain our 1,400 employees attached to SLLRDC," workers said.