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Dispute between UDA and PCs goes to President
View(s):President Maithripala Sirisena’s intervention is being sought to resolve the tussle over the Urban Development Authority (UDA) now exercising some functions of the Provincial Councils.
“This has become necessary as there is a clear dispute and a solution has to be found,” Provincial Councils and Local Government Minister Faiszer Musthapa told the Sunday Times. “As minister in charge of the subject, I do not want to deliver verdicts. However, I do want to find a solution by consulting the President,” he said.
Minister Musthapa was commenting on the front page lead story in the Sunday Times last week. It said a constitutional crisis was in the making over the Government move to vest in the UDA some key functions exercised by provincial and local councils. He did not give details but Ministry officials said issues had arisen over the wording of the Concurrent List in the Provincial Councils Act.
UDA Chairman Jagath Munasinghe admitted in a statement to the Sunday Times that the UDA had withdrawn “only a portion of the powers delegated to the Local Authorities” by them in 1985. He said these were powers vested in the UDA Law “which came long before Provincial Councils were established.”
He pointed out that “original powers vested with the UDA and the functions carried out by it remained intact”.
Therefore, he claimed, “in that sense, this action by UDA has not affected the functions exercised by Provincial Councils”. Nevertheless, he argued, “the building permits and development clearances are not the key functions of local authorities.
However, Western Province Chief Minister Isuru Devapriya said the powers vested with the Provincial Councils had been delegated to the local councils.
“Now the UDA is taking them away. That is why all Provincial Councils are opposing the move,” he told the Sunday Times.
Southern Province Chief Minister Shan Wijayalal de Silva said he believed the Gazette notification giving new powers to the UDA was against the 13th Amendment to the Constitution.