The Hon. K.V. Samantha Viddyarathna - Minister of Plantation and Community Infrastructure

¶ 01 (a) (i) Until 2019, the said land parcel and bungalow were managed under lease by a plantation company. In 2018, one Satasivam Haridaran claimed ownership and requested release from the company. On that request, a report was called from the Ella Divisional Secretary. According to records, the bungalow with land known as Kalugala belonging to “Beno Estate” was declared under Section 19 of the Land Reform Law, No. 1 of 1972, as a 53-acre land of Annamalai Karuppan Chettiar by Gazette Extraordinary No. 138/5 of 19.11.1974. The person is reported to have died in 2009 per a letter dated 21.09.2018 from the Executive Director, Land Reform Commission to the Badulla District Secretary and Ella Divisional Secretary annexed to the claimant’s letter. (ii) As per information from the Ella Divisional Secretary, in 1975 this land was processed for acquisition for village expansion. From 1975 to 2017, acquisition was not completed, and it was found unsuitable for village expansion. Accordingly, under Section 39(a)(1) of the Land Acquisition Act, by Order of 22.12.2017 of the Minister of Lands, possession was ordered to be restored to the original owner. No original owner or heirs presented themselves; two attorneys-in-fact, Perianan Subramaniam Kandhasamy and Mohamed Sawageer Mohamed Sageer, presented Power of Attorney on behalf of the owner, but possession was not handed over to either.

¶ 02 (b) (i) The Kalugala portion of Gidagala Estate was managed by the State Plantation Corporation until 1992, and thereafter the Namunkula Plantation Company was assigned responsibility for crop harvesting and assets including bungalow and line rooms. In 2018, as noted above, Satasivam Haridaran produced a deed claiming ownership and, using then prevailing political influence, removed the company from possession. Namunkula filed case No. 317/2019 in the Bandarawela District Court seeking to retain possession; the case is now before the Colombo District Court. An interim injunction prevents Haridaran from plucking leaves for profit; however, the company reports he still obstructs their entry as the order did not grant them leave to pluck. (ii) Therefore, it appears that possession is currently with an external party, not the owner, heirs, or the company in lawful possession since 1992. At present, there is no possibility to acquire the land for the Government.

¶ 03 (c) As a District Court case is pending, action to acquire is problematic. Further, since the Department of Land Use Policy Planning has recommended the land is unsuitable for village expansion, any alternative public purpose action can be considered only after the conclusion of current legal proceedings.