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US embassy to acquire former UK HC property
View(s):Will forfeit and be compensated for beachfront land from new joint property for Marine Drive extension
By Namini Wijedasa
The United States government could conclude its purchase of the former British High Commission property in Kollupitiya, as early as Tuesday, but will lose a sizeable chunk of it once the next phase of the Marine Drive is launched. Authoritative sources said that the paperwork was now with the Colombo Municipal Council for completion. While the US Embassy will take ownership of the entire 434 perches, the Sri Lanka Government has served acquisition notice on the land, for extension of the Marine Drive.
This means, the US government is set to lose part of the property- roughly 60 perches, according to a Government Gazette published in November 2011, when road construction begins.The US will also have to release to the Sri Lanka Government, a section- around 62 perches of land, according to the Gazette, from its present property adjoining the former British High Commission plot.
Along with the US embassy, a large number of businesses and homeowners will see their beachfront properties reduced in size or fully acquired. Among them are the 75-year-old Colombo Swimming Club and the Ranmuthu Hotel. Officials from the Lands Ministry and Road Development Authority (RDA) said that all affected parties were informed of the acquisitions. However, some- such as the Colombo Swimming Club, said they were not aware that their lands were to be taken over by the Government.
“There has been correspondence between the RDA and the Club,” said Club Secretary Suren Kundanmal. “But we have nothing to say that the land is to be acquired.” In January, other landowners in Kollupitiya told the Sunday Times that the authorities had started tearing down their parapet walls, in a move to link Galle Road with the Marine Drive. They protested that they were not forewarned.
“By now, each landowner would have been notified at least three times, that their properties were earmarked for acquisition,” countered Land and Land Development Ministry Director (Land Acquisition) Irene Nanayakkara. “Not only were these notices published, land surveys were done with the knowledge of the proprietors,” she said.
The last Government Gazette, dated November 9, 2011, was published under Section 7 of the Land Acquisition Act. This is the eleventh step in the 19-step acquisition process. Extension of the Kollupitiya end of the Marine Drive was scheduled to start in June, but has been delayed till the end of this year, due to the large sums required for compensation. According to a property developer, a perch in that area was valued at around Rs 6 million.
The road will be extended from Kollupitiya Station Road (where it now ends) to just beyond Ranmuthu Hotel at 112, Galle Road, Colombo 3. “Eventually, it will go up to the rail crossing just before the US Information Service building,” said Ports and Highways Deputy Minister Nirmala Kotalawala. “But there is a problem with taking it any further, because the Galle Face Hotel, which is a national heritage site, cannot be damaged. So the Marine Drive will connect up from that point with the Colombo Port City.”
The Colombo Port City is a proposed offshore city, to be built by filling up the sea adjacent to Galle Face Green.
Meanwhile, the US embassy said it had no objection to the extension of the Marine Drive, despite being slated to lose a sizeable chunk of prime real estate. “We share the Sri Lanka Government’s interest in expanding the Marine Drive adjacent to US embassy property,” a spokesman said.
Once the purchase of the British High Commission property is through, the US embassy will knock down the boundary wall and build its new premises on the unified plot. Flanked behind and in front by the Marine Drive and Galle road respectively, the embassy will have entrances on both sides.
Mrs. Nanayakkara said any sale or purchase of property that has been earmarked for acquisition, is treated as “not valid”. However, this will not apply to the transaction between the British and US governments, because of the inviolability of diplomatic and other property owned by foreign States.
“It’s not that the normal laws don’t apply where it concerns property owned by a foreign State,” explained an expert in international law, who wished to remain anonymous. “It’s just that you cannot enforce them in the same way as you would when a private individual is concerned. There is reciprocity involved and our missions abroad are also at stake.”
The answer, he said, would be to acquire the necessary land through negotiations. The US and Sri Lanka Governments held talks through the Ministry of External Affairs. It was agreed that the US would go ahead with the purchase and thereafter, sell the required portion to the RDA at “fair market price”. The terms of this transaction, such as the currency in which it will be carried out, are yet to be agreed upon.
“It’s a win-win situation,” said an authoritative source.
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