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Diyawanna double dealing?
By Nilika Kasturisinghe
A BOI company which had originally received government approval for a golf course and multi-story housing apartments is now selling the land bordering the golf course in blocks of 20 perches at Rs. 12 million each.

While the work on the golf course is in progress the land earlier meant and approved for the housing apartments has been divided into 105 blocks of 20 perches and each block sold for a fabulous 12 million rupees.

While the land situated at Battaramulla, in close proximity to the parliament, was allocated to a BOI company under controversial circumstances at the time the PA government was in office it later received the approval of the UNF government as well.

Asia Pacific Golf Courses Limited which obtained the rights to build a golf course and leisure parks comprising a portion for housing apartments on 100 hectares of UDA acquired land is presently engaged in selling part of this land to private purchasers.


Initially though the government had approved the project with the intention that some 70 housing apartments in two blocks of six to eight storeys would be constructed but suddenly the company for some reason or other has now begun the sale of land to 105 buyers for the construction of individual houses.

While the UDA was only able to obtain Rs. 62 million for the entire land Asia Pacific Golf Courses Ltd. on the completion of the sale of 105 blocks of land at Rs. 12 million each would net in a sum very much more than the company originally paid the UDA.
UDA Director General K.V. Dharmasiri told The Sunday Times, "Asia Pacific has so far spent nearly Rs 400 million and the UDA has saved money on what we would have otherwise had to spend on infra structure like drainage, boundary wall, landfill etc."

However these lands, which originally belonged to residents of the area, were acquired by the UDA from 1982 onwards and some time after 1997 leased it out to Asia Pacific Golf Courses Ltd., now selling the land at a price of six hundred thousand per perch. "These were all privately owned lands and no state lands were involved", UDA officials confirmed.

They said that compensation was paid according to the valuation prepared by the chief valuer and the usual government procedures for land acquisition were followed at the time these lands were acquired.

From what is happening now it is apparent that the role played by the UDA is unclear. The question that remains glaringly unanswered as to how while the original owners received such a negligible sum as compensation for lands which have now become such a lucrative money spinner to a private company brought in by the BOI.

Asia Pacific Golf Courses Ltd., Project Manager Rajiv Perera, told a prospective buyer, "The land will be getting the electricity connection by August this year, while water connections will be supplied by October."

Permission for the golf course project was granted by the Urban Development, Housing and Construction Ministry in February 2000, while the UDA acted as the Project Proponent. From December 2001 not a single Ministry was assigned for Housing Construction and Urban Development and as such the UDA took over the role buy right should have belonged to a Ministry.

Meanwhile the UDA has now taken steps to handover the responsibility to the Central Environmental Authority (CEA), with the Diyawanna Uyana Project once again heading towards becoming a "nobody's child".

On March 26, 2003, the then Deputy Director General (Planning & Operation) K.V. Dharmasiri wrote to the Director General of the CEA calling for "an early response assigning the project proponent role to Asia Pacific Golf Courses Ltd."

The letter went on to say, "The UDA was initially the project proponent in order to ensure a good EIA for the overall site (mini catchment) in the context of there being more than one potential developer at the time. Subsequently the situation changed and there is only one developer i.e. Asia Pacific Golf Courses Ltd."

With the ever present the danger of flooding in the city of Colombo and suburbs as was seen during the floods of June 1992 when a considerable portion of the capital city was submerged due to the absence of proper rainwater drainage facilities leading out to the sea, it is the role of government authorities is to ensure that no projects are launched which could pose a risk to the prevailing environmental patterns.

The Sri Jayawardenapura Kotte sanctuary comes within the purview of the Flora and Fauna Protected Ordinance and sources warn that the chances of Parliament again going under water is not farfetched with the unrestricted filling of land taking place in the area.

The soil in that part of Battaramulla is very much similar to peat - black earth like a sponge - with the characteristic of holding water which does not drain out easily.
The EIA report dated December 1999 states "The proposed site is located in the Colombo Metropolitan Region's (Western province's) coastal flats and wetland belt, partly in the Sri Jayawardenapura - Kotte sanctuary declared by the Wildlife Conservation Department."

"The total project area comprises approximately 100 hectares of low-lying lands, designated as Flood Detention Areas by the SLLR & DC and about 0.5 hectare of highland at Polduwa, within the Kaduwela Pradeshiya Sabha and Kotte Municipal Council Area, stretching northwards of the Diyawanna Oya where it adjoins the Colombo-Battaramulla highway, just before the turnoff to the Parliament."

The report further specifies that the proposed project will comprise (a) "Shrine of the Innocents", a landscaped monument dedicated to the memory of innocent youth who lost their lives in recent years, in an area of 0.2 hectares, (b) Golf Course in an area of 56 hectares (of which approximately 30 hectares would be filled for a playground, but not compacted) with a Golf Club and Leisure Centre, Access Roads, approximately 70 housing apartments in 2 building blocks of 6 and 8 storeys, a Rowing Lake and the Rowing Club, (c) Athletics play ground cum football pitch and cricket pitch, (d) Additional nature park areas (including both marsh and ponds) and ancillary facilities such as parking, toilets and a boat terminal. There will also be nature cum fitness trails or jogging tracks running through the nature parks and the golf course."

APGCL Project Director, Dilshan Ferdinando told The Sunday Times that in 1997 this project was put forward to the UDA and the final approval was obtained in January 2002. "The total area covered by this project is 230 acres. Some of it is only being taken care of by the APGCL on behalf of the UDA and is protected from any encroachment by a fence around the property" he said.

"The land was not acquired for the project, that should be made very clear. In the master plan for Sri Jayawardenapura, Kotte this area is earmarked for recreation and other low lying activities - fisheries, sports complex," he added.

However, then it is a mystery as to how a housing project is currently underway. It is learnt that it is a five year project and the houses would be completed even before the golf course. The company enjoys duty free benefits it is entitled under the BOI label.
Project Director Dilshan Ferdinando said, the land has not yet been transferred.

"We have got the buyers, and they have made reservations by making a down payment of 10 percent. On completion of their houses the ownership of the land will be transferred. The agreed price they will have to pay for the block of land is Rs. 12 million. Each house will cost depending on the type of house the individual decides to build but is expected to blend with the environment though", he said.

Mr. Ferdinando said the project got off the ground in February 2002. Confirmation of reservations began in January/ February this year. "We Can safely say some 40 percent of the blocks have been now sold," he added.

The Project Director said that most companies dealing in housing projects usually presell their houses then collect a deposit and enter into an agreement with the prospective buyer making it easier for the banks to help. The Ministry of Urban Development, Housing and Construction granted its approval for the project on February 21, 2000.

The responsibility for the project lies with Asia Pacific Golf Course and we are governed by agreements signed with the UDA, Mr. Ferdinando said. "If the government is to give land, it has to have cabinet approval. So obviously the UDA and the legal officer of the UDA cannot give us the land without getting the proper approvals", he said.

Sri Lanka Land Reclamation and Development Corporation, Acting Deputy General Manager Research and Design, P.P. Gnanapala told The Sunday Times, "We designed a drainage system and gave it to the UDA." The SLLR & DC is also monitoring the progress of project to see whether it is adhering to the guidelines given.

However, Mr. Gnanapala responding to a question regarding the sale of land currently taking place said, "I don't know anything about that". In an interview with The Sunday Times UDA Director General, K.V. Dharmasiri and Design and Landscape Division's Hester Basnayake while confirming that originally the idea was to have two multi storey complexes said, "But since there was difficulty in getting investors, this was to make it more attractive".

"Originally it is only a lease later on the houses can be given outright for housing only," they said. They remained noncommittal when asked whether they could guarantee that environmental standards would be maintained, whether the complicated issue of rain water drainage to prevent flooding in Colombo and the areas around parliament would not be compromised and the manner in which the project was monitored.


Odds and Ends
Confusion confounded
Confusion continues to reign among members of the SLFP. At last Friday's media briefing SLFP General Secretary Maithripala Sirisena, Opposition Leader Mahinda Rajapakse and Nimal Siripala de Silva met the media to brief them on the decisions taken at the party's convention held two weeks ago.

Little did the trio know that Dr. Sarath Amunugama and Mangala Samaraweera had already briefed the media the previous week on what transpired at the convention.
A good fifteen minutes were spent explaining the policies. Local and foreign journalists gave them a patient hearing despite being annoyed. A typical case of the left hand not knowing what the right hand is doing, as Dr. Amunugama would have said it so eloquently.

People from where is thequestion
A former Health Minister, Nimal Siripala de Silva at a news conference on Friday accused the Government's inactive approach in settling the strike launched by the minor employees in hospitals.

The Parliamentarian said the Government had no right to call in the army and issue notice of 'vacation of post' on the first day of the strike.

"When I was the minister I too faced such strikes but I did not ask the employees to go home. I also could have sent the workers home and got my own people into the Ministry" he said only to have Opposition Leader Mahinda Rajapakse quip, "may be with people from Badulla"

MPs need it as well
On July 14 the Parliamentary Affairs Ministry will commence a training programme for MPs staff. The programme will teach them proper computer applications, better public relations between government institutions and the public and to assist MPs to be more efficient and effective. Maybe the legislators themselves need to sit through the training sessions given the dwindling faith the public seems to have in them.
Be careful of what you buy.

It isn't very difficult to be a national hero in Sri Lanka, at least that is what one parent found when he visited a stationery shop to purchase pictures of prominent national leaders for his school going son. The lady in the shop handed him a sheet of paper with pictures of some of the country's most revered leaders of the past such as D.S.Senanayake, S.W.R.D.Bandaranaike, Sir Oliver Goonatillake, Anagarika Dharmapala and Sir James Peiris.

But the real shocker was seeing the face of former JVP leader Rohana Wijeweera among them. Ironically Mr. Wijeweera's picture was next to none other than Vijaya Kumaratunga. It sure is food for thought for parents who buy such material for the use of their school going children.


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