By Maheesha Mudugamuwa
Land in the Kallaru Forest Reserve adjacent to the Wilpattu National Park was earmarked for development purposes and work has already commenced, while a writ petition filed by a local environmental organisation yet awaits a decision.
The area in which the development work had already begun was the subject matter of pending litigation. Therefore, the work being carried out at the site is seen as illegal by environmentalists.
According to CEJ Executive Director Hemantha Withanage, the case was filed by the organisation based on the gazette notifications issued in 2012 and 2013, and under those gazettes, the already cleared areas in Kallaru and Marichchukkaddi are also included in the forest reserve. He told The Sunday Morning that in previous gazettes, Mavillu was declared a forest reserve.
In 2015, the Centre for Environmental Justice (CEJ) filed a writ petition naming the Conservator General of the Forest Conservation Department, Central Environmental Authority (CEA), Director General of the Wildlife Department, Commissioner General of Lands, Commissioner General of the Archaeological Department, Mannar District Secretary, then Minister of Industry and Commerce, Minister of Environment and Mahaweli Development, and the Attorney General as respondents as seeking to quash the clearance of the Wilpattu National Park for the purpose of a housing project adjoining the national park.
Forest reserves at risk
In its petition, the CEJ stated that a vast area of around 2,000 hectares in the forest complex adjoining the Wilpattu National Park (northern sanctuary of Wilpattu National Park and Marichchukkaddi/Karadikkuli Forest Reserve standing westward of Wilpattu Blocks II and IV) have been cleared and divided into plots, followed by the paving of roads and establishing unauthorised settlements.
While this creates irremediable damage to the environment, ecosystem, and wildlife habitats, around 1,000 hectares in the areas of Madhu, Periyamadu, and Sannara, which are also parts of the forest (Madhu Road Sanctuary and Madhu Road reserved forests), have been similarly destroyed for settlements.
Last month, the writ petition was filed for a fresh inquiry to be heard on 31 July as Court of Appeal Judge Justice Mahinda Samayawardhena recused himself from delivering the judgement. The case will be heard before a two-judge bench of the Court of Appeal comprising Justice Janak de Silva and Justice Nissanka Bandula Karunaratne.
During his recent visit to Wilpattu, Withanage said he noticed that the forest area in Marichchukkaddi reserve had been cleared and the land prepared for the laying of the foundation.
“According to the previous gazette, it is illegal to build houses in this area as it is too a part of the forest reserve. But after the recent Gazette in 2017, which declared the Mavillu Forest Reserve, 2,800 hectares allocated for resettlements had been excluded. Therefore, according to the recent gazette, the cleared area is not in the reserve,” he stressed.
Everyone praised the recent gazette as they thought the Mavillu Forest Reserve was an upgrade to the previous gazette, which was not the case as the already released 2,800 hectares were not included, Withanage noted.
“The 2012/13 Gazette is the original gazette and therefore, it is illegal to conduct any sort of development activities in these areas,” he reiterated.
“As far as we were informed, the land is cleared by the National Housing Development Authority to construct new houses and they have already built two more villages,” Withanage alleged. “If these projects continue, there would be no forests in Marichchukkaddi.”
Illegitimate housing projects
The land clearance in these areas was also confirmed by 54 Division in Mannar General Officer Commanding (GOC) Brig. Senarath Bandara last month. As The Sunday Morning reported two weeks ago, the military officers have also witnessed a section of the forest area being cleared by the villagers.
Brig. Bandara also confirmed that the divisional secretary of the area informed them that the area had been cleared for a housing project, which was launched by Minister of Housing, Construction, and Cultural Affairs Sajith Premadasa to construct 87 houses in Marichchukkaddi.
Both environmentalists and military officers claimed the new housing projects were being carried out while there were hundreds of abandoned houses in the area. According to Brig. Bandara, around 597 families had left their houses and moved into other areas. Meanwhile, Wildlife and Nature Protection Society (WNPS) Vice President Ranil Pieris said that at the moment, it seemed like there was a lull in activity in the lands north of the Wilpattu National Park – which is known as the Kallaru, Vilathikulam, Marichchukkaddi, and Pomparippu Forest Reserves under the Forest Conservation Ordinance – after the events of Easter Sunday.
According to Pieris, the areas cleared include these forest areas estimated at about 4,000 acres outside Wilpattu. The areas cleared are mostly alongside (on either side of) the road from Marichchukkaddi to Silavaturai, approximately 18 km long, and the road from Mullikulam to Mahawilachchiya spanning about 6.5 km. It’s important to note that these lands fall under the Forest Department according to the Gazette in 2012.
Commenting on the houses built thus far, Pieris said those houses had been built with money allegedly sent from Qatar, and the village was named after the Qatar ruler.
“It is my understanding that this was a transaction between Rishad Bathiudeen and the Qatari Government. It would prove interesting to find out exactly how many houses were completed, the budgeted cost, and the actual cost of completion. The other matter to find out is how many houses are occupied. How many so-called IDPs have two houses? One in Wanathavilluwa in Puttalam and the other in the deforested Kallaru area,” he explained.
“This issue began under the previous Government and should have had more transparency in the approval processes, including the Environmental Impact Assessment (EIA), and perhaps this could have been prevented from progressing. The current Government relies on the voter base of this group to remain in power and thus has not taken decisive action to curtail the problem,” he added.
“These settlements would be meaningless if the road through the Wilpattu National Park was cleared by the Navy soon after the war. If the road now used by the public, which all environmental organisations agree to be illegal under the Flora and Fauna Protection Ordinance (FFPO), is shut down, the contentious area would be unviable to live in for so many,” Pieris said.
As environmentalists claimed, the deforestation could not be reversed and therefore, the best option was to cease the destruction of the existing forest reserves as soon as possible.
National Housing Development Authority (NHDA) Mannar District Manager J.N. Jeyachandran told The Sunday Morning that the project had been suspended as per the instructions given by the Ministry of Housing, Construction, and Cultural Affairs and it would be referred to the National Environment Complaint Committee (NECC).
According to him, the power to release lands was with the District Secretary, and the NHDA had not interfered in land allocations. “When the district secretary recommends the authority a land parcel, the authority builds houses,” Jeyachandran stressed.
When asked about the abandoned houses in the area where the authority is going to build new houses, the NHDA District Manager stressed that those houses were not under the purview of the authority, and when the authority is going to handover the houses, the owners will have to sign an agreement enabling the Government to re-acquire the property in case the owner abandoned the property.
Kallaru deforestation
According to the previous gazette, it is illegal to build houses in this area as it is too a part of the forest reserve. But after the recent gazette in 2017, which declared the Mavillu Forest Reserve, 2,800 hectares allocated for resettlements had been excluded. Therefore, according to the recent gazette, the cleared area is not in the reserve
Land in the Kallaru Forest Reserve adjacent to the Wilpattu National Park was earmarked for development purposes and work has already commenced, while a writ petition filed by a local environmental organisation yet awaits a decision.
The area in which the development work had already begun was the subject matter of pending litigation. Therefore, the work being carried out at the site is seen as illegal by environmentalists.
According to CEJ Executive Director Hemantha Withanage, the case was filed by the organisation based on the gazette notifications issued in 2012 and 2013, and under those gazettes, the already cleared areas in Kallaru and Marichchukkaddi are also included in the forest reserve. He told The Sunday Morning that in previous gazettes, Mavillu was declared a forest reserve.
In 2015, the Centre for Environmental Justice (CEJ) filed a writ petition naming the Conservator General of the Forest Conservation Department, Central Environmental Authority (CEA), Director General of the Wildlife Department, Commissioner General of Lands, Commissioner General of the Archaeological Department, Mannar District Secretary, then Minister of Industry and Commerce, Minister of Environment and Mahaweli Development, and the Attorney General as respondents as seeking to quash the clearance of the Wilpattu National Park for the purpose of a housing project adjoining the national park.
Forest reserves at risk
In its petition, the CEJ stated that a vast area of around 2,000 hectares in the forest complex adjoining the Wilpattu National Park (northern sanctuary of Wilpattu National Park and Marichchukkaddi/Karadikkuli Forest Reserve standing westward of Wilpattu Blocks II and IV) have been cleared and divided into plots, followed by the paving of roads and establishing unauthorised settlements.
While this creates irremediable damage to the environment, ecosystem, and wildlife habitats, around 1,000 hectares in the areas of Madhu, Periyamadu, and Sannara, which are also parts of the forest (Madhu Road Sanctuary and Madhu Road reserved forests), have been similarly destroyed for settlements.
Last month, the writ petition was filed for a fresh inquiry to be heard on 31 July as Court of Appeal Judge Justice Mahinda Samayawardhena recused himself from delivering the judgement. The case will be heard before a two-judge bench of the Court of Appeal comprising Justice Janak de Silva and Justice Nissanka Bandula Karunaratne.
During his recent visit to Wilpattu, Withanage said he noticed that the forest area in Marichchukkaddi reserve had been cleared and the land prepared for the laying of the foundation.
“According to the previous gazette, it is illegal to build houses in this area as it is too a part of the forest reserve. But after the recent Gazette in 2017, which declared the Mavillu Forest Reserve, 2,800 hectares allocated for resettlements had been excluded. Therefore, according to the recent gazette, the cleared area is not in the reserve,” he stressed.
Everyone praised the recent gazette as they thought the Mavillu Forest Reserve was an upgrade to the previous gazette, which was not the case as the already released 2,800 hectares were not included, Withanage noted.
“The 2012/13 Gazette is the original gazette and therefore, it is illegal to conduct any sort of development activities in these areas,” he reiterated.
“As far as we were informed, the land is cleared by the National Housing Development Authority to construct new houses and they have already built two more villages,” Withanage alleged. “If these projects continue, there would be no forests in Marichchukkaddi.”
Illegitimate housing projects
The land clearance in these areas was also confirmed by 54 Division in Mannar General Officer Commanding (GOC) Brig. Senarath Bandara last month. As The Sunday Morning reported two weeks ago, the military officers have also witnessed a section of the forest area being cleared by the villagers.
Brig. Bandara also confirmed that the divisional secretary of the area informed them that the area had been cleared for a housing project, which was launched by Minister of Housing, Construction, and Cultural Affairs Sajith Premadasa to construct 87 houses in Marichchukkaddi.
Both environmentalists and military officers claimed the new housing projects were being carried out while there were hundreds of abandoned houses in the area. According to Brig. Bandara, around 597 families had left their houses and moved into other areas. Meanwhile, Wildlife and Nature Protection Society (WNPS) Vice President Ranil Pieris said that at the moment, it seemed like there was a lull in activity in the lands north of the Wilpattu National Park – which is known as the Kallaru, Vilathikulam, Marichchukkaddi, and Pomparippu Forest Reserves under the Forest Conservation Ordinance – after the events of Easter Sunday.
According to Pieris, the areas cleared include these forest areas estimated at about 4,000 acres outside Wilpattu. The areas cleared are mostly alongside (on either side of) the road from Marichchukkaddi to Silavaturai, approximately 18 km long, and the road from Mullikulam to Mahawilachchiya spanning about 6.5 km. It’s important to note that these lands fall under the Forest Department according to the Gazette in 2012.
Commenting on the houses built thus far, Pieris said those houses had been built with money allegedly sent from Qatar, and the village was named after the Qatar ruler.
“It is my understanding that this was a transaction between Rishad Bathiudeen and the Qatari Government. It would prove interesting to find out exactly how many houses were completed, the budgeted cost, and the actual cost of completion. The other matter to find out is how many houses are occupied. How many so-called IDPs have two houses? One in Wanathavilluwa in Puttalam and the other in the deforested Kallaru area,” he explained.
“This issue began under the previous Government and should have had more transparency in the approval processes, including the Environmental Impact Assessment (EIA), and perhaps this could have been prevented from progressing. The current Government relies on the voter base of this group to remain in power and thus has not taken decisive action to curtail the problem,” he added.
“These settlements would be meaningless if the road through the Wilpattu National Park was cleared by the Navy soon after the war. If the road now used by the public, which all environmental organisations agree to be illegal under the Flora and Fauna Protection Ordinance (FFPO), is shut down, the contentious area would be unviable to live in for so many,” Pieris said.
As environmentalists claimed, the deforestation could not be reversed and therefore, the best option was to cease the destruction of the existing forest reserves as soon as possible.
National Housing Development Authority (NHDA) Mannar District Manager J.N. Jeyachandran told The Sunday Morning that the project had been suspended as per the instructions given by the Ministry of Housing, Construction, and Cultural Affairs and it would be referred to the National Environment Complaint Committee (NECC).
According to him, the power to release lands was with the District Secretary, and the NHDA had not interfered in land allocations. “When the district secretary recommends the authority a land parcel, the authority builds houses,” Jeyachandran stressed.
When asked about the abandoned houses in the area where the authority is going to build new houses, the NHDA District Manager stressed that those houses were not under the purview of the authority, and when the authority is going to handover the houses, the owners will have to sign an agreement enabling the Government to re-acquire the property in case the owner abandoned the property.
Kallaru deforestation
According to the previous gazette, it is illegal to build houses in this area as it is too a part of the forest reserve. But after the recent gazette in 2017, which declared the Mavillu Forest Reserve, 2,800 hectares allocated for resettlements had been excluded. Therefore, according to the recent gazette, the cleared area is not in the reserve