Sweeping
powers to acquire land
By Feizal Samath
The government has armed itself with draft legislation
to empower the President to issue a decree to acquire land for housing
projects in tsunami-affected areas. Such decrees cannot be challenged
in courts except on grounds of matters relating to compensation.
This
is part of plans by the government, under fire over delays in post-tsunami
reconstruction to speed up housing projects, officials said. Urban
Development Minister Dinesh Gunewardene said, “as of now there
is no need … but if necessary we could use a presidential
proclamation (which has been done in the past) to acquire land for
urgent, national importance”.
The
availability of land for acquisition has become a serious problem
particularly in Galle and Matara, according to TAFREN officials.
“It is a major challenge,” one official said.
He
said MoUs with donors had already been signed and work on all units
would begin in May while some of it had already begun. Initial estimates
put the requirement at 100,000 houses but now the figure –
after further investigation – has come down to 72,000 of which
40,000 are urgent as they are houses destroyed or damaged within
the 100-200 metres security zone in affected areas.
All
these houses would be completed in nine months, Mr Gunawardene said.
The acquisition of land is on and current market values based on
the Government Valuer’s recommendation would be paid to landowners.
Some
TAFREN sources spoke of significant clauses in the proposed TAFREN
Act providing for hassle-free land acquisition and said this could
be used. Under this act, land acquisition cannot be challenged –
unlike now – except in the determination of the level of the
compensation, a rule that currently exists in India and the US.
However
although these proposals were prepared by the Legal Draftsman’s
Office as an urgent bill just two weeks after the tsunami, it appears
to have been kept in cold storage since then. Officials from various
agencies including the Finance Ministry were unable to say what
has happened to the proposed piece of legislation.
Separately
a meeting of international donors would be held in Kandy in May
to discuss funding arrangements for the tsunami reconstruction and
also the country’s normal development process. This is the
annual Paris Aid meeting which in recent years has shifted to Colombo.
Another
task being undertaken is a multi-donor assessment of post-tsunami
reconstruction. “This is the second phase of the needs assessment.
The first phase was prepared jointly by the World Bank, ADB and
JBIC (Japan Bank for International Cooperation) with a national
perspective. The current phase is taking that report and discussing
it with regional partners at district level. There are more consultations
in the process,” one source at an aid agency said.
The
final assessment, which TAFREN is also awaiting to begin long-term
reconstruction of roads, bridges, housing and other needs, would
be ready by April and form the basis for discussion at the donor
meeting in May. TAFREN sources said the final rebuilding plan had
an estimate of over $300 million for rebuilding of roads and bridges
and had been adjusted to ensure the re-development was connected
to tsunami-affected areas and not total development of the country,
a criticism the government faced in the first draft of the rebuilding
plan.
Meanwhile,
government officials including TAFREN chairman Mano Tittawela last
week pleaded for time and understanding in the tsunami process saying
the pledges from donors were only now being converted to cash. He
said donors and NGOs had their own policies and accountability standards
to follow. “They cannot dish out money without knowing where
it is going. They are also accountable for transparency requirements
the same way as we are bound,” he said at a panel discussion
in Colombo on the post-tsunami process. |