The Sunday Times News and Comments

What do Ramya Jayanthi, a shanty dweller, Siri Samarasinghe, an owner of a beautiful brown house, and birds in the air have in common?

Though they belong to different strata of society and different species, a common problem looms over them — the threat of being evicted or being caged in a high security zone owing to the construction of a proposed presidential complex in Madiwela, Sri Jayawardenapura Kotte.

The poor residents of Pragathi Pura in Madiwela, who struggle even for their daily existence may now forced to leave the area. Eviction is not new to them. They all came here from Kirullaponne some seven years ago to make way for development projects there. They were brought to Pragathi Pura, an area with no water, no electricity and other basic facilities. And Pragathi Pura remains so even today though its name means progress village.

The house immediately beside the proposed persidential palace project.

But the 1700 poor residents of Pragathi Pura soon came to terms with the hardlife. And they survived on the satisfaction that they at least had a roof over their heads.

But not any more. Threatened by the arrival of the Presidential complex, the residents wonder where they will go from here.

"We will have to live on the pavements," said Ramya Jayanthi, a resident of Pragathi Pura.

"The president has so many places to go and she can live anywhere she wishes to. In our case, where do we go? Nobody cares about us," said T.R. Jayawardena, another resident.

An angry W. D. Somawathi said VIPs were seeking security and comfort at the cost of their homes and freedom. "We will be harassed and sacrificed for the protection and comfort of these VIPs," she said.

Another house that will be demolished.

A beautiful brown house stands to the left of parliament in Madiwela. Several bed rooms and a lovely garden. Each wall and item of the house has been carefully planned and selected. Everything in place. Near perfect. It belongs to Siri Samarasinghe, who has spent his lifetime's earnings on his dream house where he wanted to spend his retirement. . He fears that it will come down to make way for the President's official residence.

His main worry now is how he is going save his house and most importantly his liberty. So do more than 2000 other families, who would be encircled by a security zone with the building of the presidential residence.

Businessman Gihan Sugathapala is another worried resident. "Just as much the VIPs like to live in a quiet and peaceful area, so do we," he said.

Lal Ranasinghe another businessman whose residence is situated right next to the location of the proposed site said, "I spent nine years building this house now I have finally come to live here and I am not going to be moved by compensation they offer."

"The UNP government took over our lands and paddy fields to build the Parliamentary complex, giving us just Rs 233 per perch as compensation. Now this government is trying to take the rest of our property to build a palace for the president," said an angry member of a citizens group who claimed they inherited land from the days of the kings.

For them, the land has been their life, their, livelihood and their history. Without it they feel they are nothing.

For Kusum Perera who is still paying back a housing loan , the news of a presidential palace in Kotte came as a shock but she is taking a tough stand. "I will not leave. My two children and I will not give away our property," she said.

Ven.Omatte Soratha Thera

The consolation these people were clinging to was the Iyamporuwa temple which has been in existence since the Kotte era. They feel the temple would not be destroyed at any cost. But the Chief monk of the temple, Ven.Omatte Soratha feels it could be otherwise.

"The UDA Chairman told me the land adjoining the temple would be the new location of the President's residence and that project work will begin soon. I was told that they have chosen 14 acres belonging to the UDA for the project but how can I believe that when they wanted 50 acres initially," the Thera said.

The famous bird sanctuary is not far away. Walking distance from the identified location and almost next to the MPs quarters, the usually chirping sanctuaries in Colombo seemed to be staring at the surveyed area and wondering about their future.

A deputy director of the Wild Life conservation Department said the Kotte sanctuary was one of the main places where migrant birds found a home. "There are about 200 species of birds and high security measures are likely to affect the arrival of the birds. But as for construction, nothing can be done without the approval of the department," he said.

The Land Reclamation Authority fears that the significant flood retention, for which the Diyawanna lake area has been recognised may be affected. "Diyawanna lake is very important for the control of floods in the city and we have come up with several projects, but any construction of extra roads, and other items will reduce the water area creating a big problem," said an official.

What the future holds is unsure. However, the residents intend to file a case of violation of human rights.

Prima facie case in LH Plantations petition but too late, says SC

The Supreme Court on Wednesday refused leave to proceed in a Fundamental Rights case filed by L.H. Plantations (Pvt) Ltd against the Public Enterprises Reform Commission (PERC) and the Ministry of Plantation Industries for depriving the company of the opportunity of buying the controlling interest of Kurunegala Plantations Ltd.

The application was rejected on the grounds that the petition had not been filed within 30 days.

The court held that L.H. Plantations (Pvt) Ltd had established a prima facie case that the respondents had acted in violation of its rights by a letter dated 4. 8. 97. The court also held that averments in the petition indicate that such violation took place if at all on 12.8.97 or at least 27.11.97.

The petitioner, L.H. Plantations (Pvt) Ltd., had entered into a management agreement with Kurunegala Plantations Ltd on June 18, 1992 to engage itself as the managing agent of Kurunegala Plantations Ltd. to manage its estates.

On April 21, 1995 the then Secretary to the Ministry of Plantation Industries by letter had conveyed the intention of selling the controlling interests held by the Secretary to the Treasury on behalf of the Government, to the private sector.

The letter conveying the intention of selling the shares had stated that "if any Regional Plantation companies had made an operational profit during the fiscal year 1994, the managing agent of such Regional Plantations Company will be eligible to purchase 51 per cent of the Regional Plantation company's issued share capital at a market price determined in the manner specified" in the letter.

The PERC on instructions received from the Govt. in a letter on 28.7.95 informed the petitioner that the Govt. intends to offer the L.H. Plantations (Pvt) Ltd. an option to purchase 51 per cent of the shares of Kurunegala Plantations Ltd. consisting of 10.2 million shares of Rs. 10 each at the market price to be determined in the manner set out in that letter.

The letter also said if the petitioner wishes to take up the option of purchasing the shares of Kurunegala Plantations Ltd. the PERC should be informed by 4.30 p.m. on 4.8.95 with an undertaking from a bank to pay on demand Rs. five million executed in favour of the Treasury Secretary for being offered the option to purchase the said shares of the Kurunegala Plantations.

L.H. Plantations (Pvt) Ltd. in a letter dated August 3, 1995 exercised the option to purchase the said 51 per cent of shares of the Kurunegala Plantations Ltd. and furnished the undertaking to pay on demand (non refundable) Rs. five million executed in favour of the Secretary Treasury.

The offer made to L.H. Plantations (Pvt) Ltd was also made by the Govt and through the PERC to the Managing Agents to nine other regional plantations as each of these companies managed by them were profit -making companies in the fiscal year 1994.

The options offered to the Managing Agents of the profit-making Regional Plantations were accepted by the Managing Agents and the sale of shares was concluded, except of Pussellawa, Talawakele, Chilaw and Kurunegala Plantations..

L.H. Plantations (Pvt) Ltd. on request from the 2nd respondent, PERC, forwarded a fresh bank gunranttee.

The 2nd respondent had informed L.H. Plantations (Pvt) Ltd. that they were unable to accept the undertaking or Guarantee submitted by L.H. Plantations (Pvt) Ltd. and wanted it to be present at a meeting. At the meeting L.H. Plantations (Pvt) Ltd. and other Managing Agents of the three plantations of which sale of shares was not concluded earlier were informed that it was intending to dispose the 51 per cent of shares of these plantations not on the basis agreed earlier, but at a negotiated price.

The second respondent in a letter dated February 19, 1998 to the petitioner denied having any obligation towards L.H. Plantations (Pvt) Ltd. in respect of the sale of 51 per cent shares in Kurunegala Plantations Ltd.

The petitioner, L.H. Plantations (Pvt) Ltd., prayed for leave to proceed with the fundamental rights application to direct the concerned Governmental authorities to implement the agreement in respect of the sale of 51 per cent shares of Kurunegala Plantations Ltd.

Law Society calls for action

Colombo Law Society has called on the Bar Association to take immediate action to inquire into the arrest of High Court Judge's son last month by the police.

Clarke charges should be fully probed, says NGO for children

By Imran Vittachi

A child-rights advocacy group has questioned the thoroughness of an official probe into paedophilia allegations directed by a British tabloid against space prophet Arthur C. Clarke, an honorary Sri Lankan citizen.

Maureen Seneviratne, chairperson of Protecting Environment and Children Everywhere (PEACE) last week called on the Attorney-General and Police to carry out a full investigation, by gathering tapes of a potentially incriminating interview with Dr. Clarke that the London Sunday Mirror has claimed it recorded.

"We would like to know whether an attempt was made to obtain tapes of the alleged interview which The Sunday Mirror purported to have recorded," she told The Sunday Times.

The head of PEACE, the local partner of End Child Prostitution, Pornography, and Trafficking (ECPAT) — the child rights concern with a foothold in 36 countries — was reacting to a news report that a two-month old police investigation into the Mirror's allegations had so far produced no evidence and would probably be dropped.

Ms. Seneviratne added that an effective official investigation should be carried out to show how committed the government is to preventing Sri Lankan children from being preyed upon sexually by adults, and also to ensure that Dr. Clarke is treated fairly in this case.

A probe on such serious allegations should not be left "hanging in mid-air", she said.

But, according to the Deputy Inspector General of Police who handled the case before referring it to the Attorney-General for a ruling, it would be pointless to demand from the British tabloid to produce the alleged tapes, unless it does so voluntarily.

"There is no reason for us to make a formal request to The Sunday Mirror to produce the tape recordings of the alleged conversations," said DIG M.S.M. Nizam.

"From our point of view it is pointless to ask, when people have denied making such statements. If the Sunday Mirror is so keen to prove those allegations, it should volunteer this information to us."

Mr. Nizam was referring to several persons who were named in The Mirror article as admitting to being victimised by Dr. Clarke when they were children or participating with him in acts of paedophilia.

But, in the course of police investigations since The Mirror splashed the story, these persons had rejected the tabloid's claims about any such past involvement with Dr. Clarke, the DIG added. There were no grounds, therefore, for lodging a formal complaint against the 80-year old visionary, Mr. Nizam said.

Meanwhile, a spokesman for Dr. Clarke said he was keeping his "options open" and still consulting with his lawyers on whether to sue the newspaper over those allegations.

No Lalith Front in PA team

By Arshad M. Hadjirin

The ruling People's Alliance has appointed a committee to look into the Provincial Councils elections but has left out one of its constituent parties - ULF at the discussions.

PA General Secretary and Agriculture Minister D. M. Jayaratne told 'The Sunday Times' that the committee comprised seven members and that they would report back on April 1.

"They will look into all details of the upcoming election" he said adding that they had still not set a date for the elections nor decided whether the referendum should precede the provincial councils elections.

The committee will also decide the quota of candidates each constituent party of the PA coalition should get.

Gratiaen for Gamini

Gamini Akmeemana, a journalist with our sister paper Midweek Mirror, yesterday won the 1997 Gratiaen Prize for creative writing in English.

Mr. Akmeemana's manuscript "The Mirage" was adjudged the winner at the award ceremony held at the Gallery 706, Colombo.

GMOA awaits rights case judgment

GMOA doctors will resort to an immediate strike action this week if the Health Ministry does not cancel an appointment, which has created a stir in health circles.

Secretary to GMOA Dr. P. Gunasena told 'The Sunday Times' that one of their members had filed a fundamental rights case in the Supreme Court stating that he was discriminated against in the appointment of a Deputy Director General (Health Services).

He said the GMOA would wait for the Supreme Court judgment before taking any action.

More News/Comment * Appointed Chief of Staff * Postal workers on work-to-rule again * Sacked SDA graduates protest and are arrested * Can LTTE represent Tamils? * A gentle giant in court pleads: "I want to go home" * Ex. Surveyor Gen. sues Lanka Bell * Jumbos from Thailand * "Not you business"

	29th March 1998	Front Page\| Editorial/Opinion \| Business \| Plus \| Sports \| Mirror Magazine

	A gentle giant in court pleads: "I want to go home"	Contents Shelter for the homeless: on the reverse gear Prima facie case in LH Plantations petition but too late, says SC Law Society calls for action Clarke charges should be fully probed, says NGO for children No Lalith Front in PA team Gratiaen for Gamini GMOA awaits rights case judgment Appointed Chief of Staff Postal workers on work-to-rule again Sacked SDA graduates protest and are arrested Can LTTE represent Tamils? A gentle giant in court pleads: "I want to go home" Ex. Surveyor Gen. sues Lanka Bell Jumbos from Thailand "Not you business" In brief ACHC Complain over priests Mendis to explain case Haj issue hots up again UNP May Day rally in Kandy Mobile hospital at Pussellawa today How united the united party is! Anura with walking stick "looking for Ronnie" I still wish him well: Ronnie Getting tough with global corruption Stay against execution of LTTErs purely procedural says prosecution Source of untapped potential
	Shelter for the homeless: on the reverse gear By Chamintha Thilakarathna What do Ramya Jayanthi, a shanty dweller, Siri Samarasinghe, an owner of a beautiful brown house, and birds in the air have in common? Though they belong to different strata of society and different species, a common problem looms over them — the threat of being evicted or being caged in a high security zone owing to the construction of a proposed presidential complex in Madiwela, Sri Jayawardenapura Kotte. The poor residents of Pragathi Pura in Madiwela, who struggle even for their daily existence may now forced to leave the area. Eviction is not new to them. They all came here from Kirullaponne some seven years ago to make way for development projects there. They were brought to Pragathi Pura, an area with no water, no electricity and other basic facilities. And Pragathi Pura remains so even today though its name means progress village. *The house immediately beside the proposed persidential palace project.* But the 1700 poor residents of Pragathi Pura soon came to terms with the hardlife. And they survived on the satisfaction that they at least had a roof over their heads. But not any more. Threatened by the arrival of the Presidential complex, the residents wonder where they will go from here. "We will have to live on the pavements," said Ramya Jayanthi, a resident of Pragathi Pura. "The president has so many places to go and she can live anywhere she wishes to. In our case, where do we go? Nobody cares about us," said T.R. Jayawardena, another resident. An angry W. D. Somawathi said VIPs were seeking security and comfort at the cost of their homes and freedom. "We will be harassed and sacrificed for the protection and comfort of these VIPs," she said. *Another house that will be demolished.* A beautiful brown house stands to the left of parliament in Madiwela. Several bed rooms and a lovely garden. Each wall and item of the house has been carefully planned and selected. Everything in place. Near perfect. It belongs to Siri Samarasinghe, who has spent his lifetime's earnings on his dream house where he wanted to spend his retirement. . He fears that it will come down to make way for the President's official residence. His main worry now is how he is going save his house and most importantly his liberty. So do more than 2000 other families, who would be encircled by a security zone with the building of the presidential residence. Businessman Gihan Sugathapala is another worried resident. "Just as much the VIPs like to live in a quiet and peaceful area, so do we," he said. Lal Ranasinghe another businessman whose residence is situated right next to the location of the proposed site said, "I spent nine years building this house now I have finally come to live here and I am not going to be moved by compensation they offer." "The UNP government took over our lands and paddy fields to build the Parliamentary complex, giving us just Rs 233 per perch as compensation. Now this government is trying to take the rest of our property to build a palace for the president," said an angry member of a citizens group who claimed they inherited land from the days of the kings. For them, the land has been their life, their, livelihood and their history. Without it they feel they are nothing. For Kusum Perera who is still paying back a housing loan , the news of a presidential palace in Kotte came as a shock but she is taking a tough stand. "I will not leave. My two children and I will not give away our property," she said. *Ven.Omatte Soratha Thera* The consolation these people were clinging to was the Iyamporuwa temple which has been in existence since the Kotte era. They feel the temple would not be destroyed at any cost. But the Chief monk of the temple, Ven.Omatte Soratha feels it could be otherwise. "The UDA Chairman told me the land adjoining the temple would be the new location of the President's residence and that project work will begin soon. I was told that they have chosen 14 acres belonging to the UDA for the project but how can I believe that when they wanted 50 acres initially," the Thera said. The famous bird sanctuary is not far away. Walking distance from the identified location and almost next to the MPs quarters, the usually chirping sanctuaries in Colombo seemed to be staring at the surveyed area and wondering about their future. A deputy director of the Wild Life conservation Department said the Kotte sanctuary was one of the main places where migrant birds found a home. "There are about 200 species of birds and high security measures are likely to affect the arrival of the birds. But as for construction, nothing can be done without the approval of the department," he said. The Land Reclamation Authority fears that the significant flood retention, for which the Diyawanna lake area has been recognised may be affected. "Diyawanna lake is very important for the control of floods in the city and we have come up with several projects, but any construction of extra roads, and other items will reduce the water area creating a big problem," said an official. What the future holds is unsure. However, the residents intend to file a case of violation of human rights. Prima facie case in LH Plantations petition but too late, says SC The Supreme Court on Wednesday refused leave to proceed in a Fundamental Rights case filed by L.H. Plantations (Pvt) Ltd against the Public Enterprises Reform Commission (PERC) and the Ministry of Plantation Industries for depriving the company of the opportunity of buying the controlling interest of Kurunegala Plantations Ltd. The application was rejected on the grounds that the petition had not been filed within 30 days. The court held that L.H. Plantations (Pvt) Ltd had established a prima facie case that the respondents had acted in violation of its rights by a letter dated 4. 8. 97. The court also held that averments in the petition indicate that such violation took place if at all on 12.8.97 or at least 27.11.97. The petitioner, L.H. Plantations (Pvt) Ltd., had entered into a management agreement with Kurunegala Plantations Ltd on June 18, 1992 to engage itself as the managing agent of Kurunegala Plantations Ltd. to manage its estates. On April 21, 1995 the then Secretary to the Ministry of Plantation Industries by letter had conveyed the intention of selling the controlling interests held by the Secretary to the Treasury on behalf of the Government, to the private sector. The letter conveying the intention of selling the shares had stated that "if any Regional Plantation companies had made an operational profit during the fiscal year 1994, the managing agent of such Regional Plantations Company will be eligible to purchase 51 per cent of the Regional Plantation company's issued share capital at a market price determined in the manner specified" in the letter. The PERC on instructions received from the Govt. in a letter on 28.7.95 informed the petitioner that the Govt. intends to offer the L.H. Plantations (Pvt) Ltd. an option to purchase 51 per cent of the shares of Kurunegala Plantations Ltd. consisting of 10.2 million shares of Rs. 10 each at the market price to be determined in the manner set out in that letter. The letter also said if the petitioner wishes to take up the option of purchasing the shares of Kurunegala Plantations Ltd. the PERC should be informed by 4.30 p.m. on 4.8.95 with an undertaking from a bank to pay on demand Rs. five million executed in favour of the Treasury Secretary for being offered the option to purchase the said shares of the Kurunegala Plantations. L.H. Plantations (Pvt) Ltd. in a letter dated August 3, 1995 exercised the option to purchase the said 51 per cent of shares of the Kurunegala Plantations Ltd. and furnished the undertaking to pay on demand (non refundable) Rs. five million executed in favour of the Secretary Treasury. The offer made to L.H. Plantations (Pvt) Ltd was also made by the Govt and through the PERC to the Managing Agents to nine other regional plantations as each of these companies managed by them were profit -making companies in the fiscal year 1994. The options offered to the Managing Agents of the profit-making Regional Plantations were accepted by the Managing Agents and the sale of shares was concluded, except of Pussellawa, Talawakele, Chilaw and Kurunegala Plantations.. L.H. Plantations (Pvt) Ltd. on request from the 2nd respondent, PERC, forwarded a fresh bank gunranttee. The 2nd respondent had informed L.H. Plantations (Pvt) Ltd. that they were unable to accept the undertaking or Guarantee submitted by L.H. Plantations (Pvt) Ltd. and wanted it to be present at a meeting. At the meeting L.H. Plantations (Pvt) Ltd. and other Managing Agents of the three plantations of which sale of shares was not concluded earlier were informed that it was intending to dispose the 51 per cent of shares of these plantations not on the basis agreed earlier, but at a negotiated price. The second respondent in a letter dated February 19, 1998 to the petitioner denied having any obligation towards L.H. Plantations (Pvt) Ltd. in respect of the sale of 51 per cent shares in Kurunegala Plantations Ltd. The petitioner, L.H. Plantations (Pvt) Ltd., prayed for leave to proceed with the fundamental rights application to direct the concerned Governmental authorities to implement the agreement in respect of the sale of 51 per cent shares of Kurunegala Plantations Ltd. Law Society calls for action Colombo Law Society has called on the Bar Association to take immediate action to inquire into the arrest of High Court Judge's son last month by the police. The resolution passed last week urged the Bar Association to act on this issue. Clarke charges should be fully probed, says NGO for children By Imran Vittachi A child-rights advocacy group has questioned the thoroughness of an official probe into paedophilia allegations directed by a British tabloid against space prophet Arthur C. Clarke, an honorary Sri Lankan citizen. Maureen Seneviratne, chairperson of Protecting Environment and Children Everywhere (PEACE) last week called on the Attorney-General and Police to carry out a full investigation, by gathering tapes of a potentially incriminating interview with Dr. Clarke that the London Sunday Mirror has claimed it recorded. "We would like to know whether an attempt was made to obtain tapes of the alleged interview which The Sunday Mirror purported to have recorded," she told The Sunday Times. The head of PEACE, the local partner of End Child Prostitution, Pornography, and Trafficking (ECPAT) — the child rights concern with a foothold in 36 countries — was reacting to a news report that a two-month old police investigation into the Mirror's allegations had so far produced no evidence and would probably be dropped. Ms. Seneviratne added that an effective official investigation should be carried out to show how committed the government is to preventing Sri Lankan children from being preyed upon sexually by adults, and also to ensure that Dr. Clarke is treated fairly in this case. A probe on such serious allegations should not be left "hanging in mid-air", she said. But, according to the Deputy Inspector General of Police who handled the case before referring it to the Attorney-General for a ruling, it would be pointless to demand from the British tabloid to produce the alleged tapes, unless it does so voluntarily. "There is no reason for us to make a formal request to The Sunday Mirror to produce the tape recordings of the alleged conversations," said DIG M.S.M. Nizam. "From our point of view it is pointless to ask, when people have denied making such statements. If the Sunday Mirror is so keen to prove those allegations, it should volunteer this information to us." Mr. Nizam was referring to several persons who were named in The Mirror article as admitting to being victimised by Dr. Clarke when they were children or participating with him in acts of paedophilia. But, in the course of police investigations since The Mirror splashed the story, these persons had rejected the tabloid's claims about any such past involvement with Dr. Clarke, the DIG added. There were no grounds, therefore, for lodging a formal complaint against the 80-year old visionary, Mr. Nizam said. Meanwhile, a spokesman for Dr. Clarke said he was keeping his "options open" and still consulting with his lawyers on whether to sue the newspaper over those allegations. No Lalith Front in PA team By Arshad M. Hadjirin The ruling People's Alliance has appointed a committee to look into the Provincial Councils elections but has left out one of its constituent parties - ULF at the discussions. PA General Secretary and Agriculture Minister D. M. Jayaratne told 'The Sunday Times' that the committee comprised seven members and that they would report back on April 1. "They will look into all details of the upcoming election" he said adding that they had still not set a date for the elections nor decided whether the referendum should precede the provincial councils elections. The committee will also decide the quota of candidates each constituent party of the PA coalition should get. Gratiaen for Gamini Gamini Akmeemana, a journalist with our sister paper Midweek Mirror, yesterday won the 1997 Gratiaen Prize for creative writing in English. Mr. Akmeemana's manuscript "The Mirage" was adjudged the winner at the award ceremony held at the Gallery 706, Colombo. GMOA awaits rights case judgment GMOA doctors will resort to an immediate strike action this week if the Health Ministry does not cancel an appointment, which has created a stir in health circles. Secretary to GMOA Dr. P. Gunasena told 'The Sunday Times' that one of their members had filed a fundamental rights case in the Supreme Court stating that he was discriminated against in the appointment of a Deputy Director General (Health Services). He said the GMOA would wait for the Supreme Court judgment before taking any action. More News/Comment * Appointed Chief of Staff * Postal workers on work-to-rule again * Sacked SDA graduates protest and are arrested * Can LTTE represent Tamils? * A gentle giant in court pleads: "I want to go home" * Ex. Surveyor Gen. sues Lanka Bell * Jumbos from Thailand * "Not you business" Return to News/Comment Contents News/Comment Archive Front Page\| Editorial/Opinion \| Business \| Plus \| Sports \| Mirror Magazine
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Shelter for the homeless: on the reverse gear

By Chamintha Thilakarathna