The Hon. Gayantha Karunathilleke

¶ 01 Many people are waiting to learn what will happen. Appointing a committee to identify shortcomings is good. If you correct those and proceed systematically, it will be even better.

¶ 02 Officials believe there are legal issues. Another public debate is that if freehold deeds are granted in this manner, people may sell those lands and landless people could become tenants of a few landowners. There are also arguments that problems could arise regarding paddy lands. Therefore, listen to all views, be mindful, identify the legal issues and shortcomings, and implement a more effective procedure. If not “Urumaya,” you can even rename it “Punarudaya” (Revival), but please do not reduce “Urumaya” to a mere ritual. Just do it properly, because hundreds of thousands are hoping for it.

¶ 03 Hon. Chair, there is also a plethora of laws, regulations and ordinances affecting land. Many of them were passed many years ago and are not suited to current realities, as you have realized while working in this Ministry. During my tenure, we identified the need to amend the Land Development Ordinance, the Land Acquisition Act and the Registration of Title Act, and began that work. But when the Government changed, these had to be handed over to the next Government.

¶ 04 We also commenced work to give legal effect to the functions of the National Physical Planning Department with a new Land Use Policy and Planning Bill. Those could not be completed due to the change of Government. I note that during Mr. Chandrasena’s period as Minister of Lands, amendments to the Land Development Ordinance were presented here and, some three years later, were passed. However, in the five years after me, two successive Ministers could not bring a new Act or amend the other two Acts. I wish and believe that Minister Lal Kantha, being a practical person grounded in the field, will amend and update these laws and regulations within his tenure.

¶ 05 Beyond laws and regulations, please also focus on the officials and institutions implementing them. From experience, you know that when we hold public meetings or mobile services, a majority of issues are land problems. Many court cases are land-related, some dragging on to the third generation; people die without relief. Police complaint books are filled with land disputes. The reasons are outdated laws and a dearth of competent officials with sound land knowledge across the country.

¶ 06 Another matter related to land: due to the recent economic crisis and bankruptcy, many development projects planned by previous Governments were halted midway. The Government acquired private lands and properties for these projects, but with work halted, land acquisition processes were also stalled. People lost their lands and properties, their income streams ceased, and compensation has not been paid.

¶ 07 As a result, projects are not implemented, owners cannot enjoy their lands, and no compensation is paid. For example, in the Colombo suburban railway project to upgrade the Kelani Valley Line, lands from Dematagoda to Nugegoda were subjected to several acquisition notices under the EAA. Once such notices are issued, owners cannot develop, sell, lease, or mortgage those lands. With the projects halted, these landowners are left destitute. If the project is not proceeding, lands should be returned to owners; otherwise, move forward with acquisition and pay compensation. Neither happened, leaving owners in dire straits.

¶ 08 The same has happened with the Ruwanpura Expressway. Many owners handed over productive lands, both upland and paddy, as well as forest lands, to the Government. Now they have no alternative income, and because of earthworks, new flood risks have arisen. Please address these and deliver justice to those who gave up lands without compensation. There are many such partially halted projects, including for the Habarana railway line.

¶ 09 Next, on the Land Reforms Commission (LRC). Under the Land Reform Law, lands over 50 acres vested in the State and came under the LRC. There are 500–600 families whose lands should be restored to original owners under constitutional determinations but have still not been returned. I once asked a question and also drew the Deputy Minister’s attention then. These families, including those from Thalangama area, come in buses, dignified people now in distress. I gave dates, saying let’s finish this by the next day of questions, but the Government changed and we could not complete it. I asked subsequent Ministers too, but nothing happened. Please provide the lands due to them. Some are very old and ill.

¶ 10 The LRC does not even know the extent of lands it holds, which is very unfortunate. Updating data is essential. Plantation companies are enjoying more land than is legally vested under LRC management agreements. There are cases; plantation companies and the LRC are constantly in court without solutions. When I was Minister, we brought together LRC, plantation companies, the Ministry of Plantation Industries and the Ministry of Lands, and agreed to deploy Survey Department officers to quickly survey and resolve the issue. Please look into that. There has been no enthusiasm recently, though many were eyeing LRC lands. I do not think you have such issues. Also, there are complaints of delays in surveys by the Survey Department; please address those too.

¶ 11 Another matter: land management is carried out by many institutions—UDA, National Housing Development Authority, National Physical Planning Department, and the Sri Lanka Land Reclamation and Development Corporation. It would be better service-wise if all land-related functions were brought under the Ministry of Lands.

¶ 12 A key need is a National Land Policy. Unfortunately, it has not been formulated yet. The 13th Amendment also affects this. Provincial Councils take differing decisions on land, lacking uniformity. If we establish a National Land Commission, we can implement a nationally applicable policy uniformly across provinces. My time is limited, so I will not go further into Lands. How many minutes more do I have, Sir?