In a groundbreaking move set to reshape Sri Lanka’s tourism landscape, the Government is not merely removing illegal structures from vital irrigation tank reserves but is also prepared to acquire and potentially operate these unauthorised tourism ventures as State-Owned Enterprises.
This strategic approach, underpinned by new legal amendments, aims to transform illegally occupied State land into assets for national development and sustainable tourism, according to Deputy Minister of Agriculture and Livestock Namal Karunaratne.
“We have introduced new laws, and when we move ahead with them, we will be able to acquire the land into the State and operate it as a State venture if necessary,” revealed Karunaratne, citing the precedent of a controversial property in Malwana, where, with owners disclaiming ownership, “based on the new law we have introduced, the State is able to acquire these properties and operate them. Likewise, if a structure has been constructed on State-owned land, it becomes a State property.”
The controversial property in Malwana refers to a large, luxurious mansion that became embroiled in a high-profile legal battle over its ownership, with allegations linking it to former Minister Basil Rajapaksa, who denied any connection. Despite a court case against him collapsing, and with no one else claiming ownership, the property was eventually vested in the State, serving as a key example for the Government’s new policy on acquiring illegal constructions on State land.
The future of these acquired properties will be determined on a case-by-case basis by a specially appointed committee. “We will have to individually analyse the cases based on study. We will have to consider what the best use of the property would be, and if the property serves best as tourism ventures, perhaps that is what we will do,” Karunaratne explained.
This policy forms a crucial part of a wider Government initiative to reclaim illegally occupied lands around the nation’s ancient irrigation tanks. The initiative, led by the Ministry of Agriculture, Livestock, Land, and Irrigation, addresses the widespread illegal occupation of State lands around vital irrigation tanks.
It entails the detailed mapping and valuation of over 30 tanks and their surrounding areas, with the immediate goal of removing unauthorised structures, including private homes, businesses, and even politically influenced hotels, to ensure unhindered water supply for agriculture.
While the primary focus is agricultural sustainability and environmental protection, top tourism officials are publicly endorsing the move.
The campaign began last week with the redefinition of boundaries at Nuwara Wewa in Anuradhapura. This critical first step aims to clearly demarcate State-owned land that has fallen victim to illegal encroachments. Minister K.D. Lalkantha has made it clear that there will be “no exceptions,” a policy that extends to State-owned and politically connected properties.
A necessary cleansing for ecosystems, livelihoods
Deputy Minister Karunaratne elaborated on the impetus behind this decisive action: “In our country we have old tanks and very important tanks, and these tanks have been encroached illegally by persons with political influence.”
He cited examples such as Nuwara Wewa, Kala Wewa, and Balalu Wewa, noting the prevalence of illegally occupying establishments around them and highlighted the severe environmental consequences: “They have set up constructions; some emit hazardous chemicals to the waters and some cause enormous environmental hazards.”
To address this, Karunaratne said: “We have taken the initiative to do a valuation and measurement of the tanks, so over 30 tanks have been selected and we have allocated funds to map out these tanks and surrounding lands. We will be starting from Nuwara Wewa, and once we have measurements, we will be evaluating the lands around it.”
He detailed the phased approach: “First, we will be discouraging the construction of houses and usage of the territory to build household structures. Then we will request the people already residing in these regions to move away.”
Once mapping is complete, he said: “We will comprehend the extent of land protected under State purview. At that point, we will identify the people who are the poorest in those regions who have no other place to go to, and we will be compelled to give them alternative houses to move to. We will not shy away from doing this.”
However, the Deputy Minister was resolute in terms of those who have exploited their influence: “For those who have used political influence, illegally encroached on these lands, and abused these lands for personal gain, we will not be forgiving, no matter what. We will expel them from those lands and then we will begin to purify the tanks.”
Addressing the specific challenge of hotels, he acknowledged their potential tourism value. “Some of these tanks have enormous tourism potential and value. So in some regions there might be certain tourist constructions that may hold value. They are likely to have followed proper formalities. We will be duly considering those factors when making evacuation orders.”
Regarding potential legal challenges, Karunaratne stated: “A person who has illegally settled in land that he cannot occupy has no legal right to remain. Some may try to fight in court, but that is a different story because the court will have to deliver a verdict. However, as far as I can see, the law favours the decision we have taken.”
He noted that notices could be issued immediately where applicable, based on existing facts and laws, even before full measurements were complete.
While acknowledging the complexity and varying sizes of the irrigation structures, he indicated that over 30 tanks had been prioritised for measurement this year, starting with the most important ones.
SLTDA stance
From the perspective of the tourism industry, Sri Lanka Tourism Development Authority (SLTDA) Chairman Buddhika Hewawasam articulated strong support for the Government’s stance. He clarified that the majority of hotel structures currently targeted for evacuation were not part of the formally approved accommodation sector.
“There’s a proper legal process for approving such establishments, including clearance from SLTDA and other relevant authorities,” Hewawasam explained. “If a hotel or tourism facility has not gone through that process, it is not recognised as part of the formal tourism portfolio.”
Hewawasam emphasised that the SLTDA’s core mission was to expand the formal tourism sector, which operates with legal recognition, adheres to established standards, and is subject to proper monitoring. “Only properties that have gone through this process can be promoted by us and are subject to Government oversight.”
He acknowledged that while there might be some localised impact from the evictions, it would not be significant, because the majority of hotels operating in key tourism zones were legally approved establishments.
Regarding claims of political interference, Hewawasam conceded that many illegal properties were likely built when “such influence may have allowed irregularities”. However, he expressed confidence in the current Government’s resolve.
He added that attempts to protest or exert pressure would not deter the process, since “if a structure is illegal, it must be dealt with accordingly”.
A coordinated plan
The Ministry of Agriculture, Livestock, Land, and Irrigation, through its Irrigation Department’s Land and Legal Division, is equipped with the legal framework under the Irrigation Ordinance and the State Lands (Recovery of Possession) Act to enforce these removals, working in collaboration with the Attorney General’s Department.
The success of this undertaking hinges on the collaboration of numerous stakeholders. The Ministry of Agriculture, Livestock, Land, and Irrigation, particularly the Irrigation Department and its Land and Legal Division, are the primary drivers. While local communities and farmers are direct beneficiaries, they are also potentially among the illegal occupants, requiring sensitive engagement. Illegal occupants, including individuals and businesses (both private and potentially State-owned), face the direct impact of the evictions.
Other crucial stakeholders include the Department of Agrarian Development, the Attorney General’s Department for legal enforcement, and law enforcement agencies for operational support. Environmental organisations will closely monitor the ecological restoration aspects, while district and divisional secretariats will be key for ground-level implementation. Finally, the Ministry of Tourism and the SLTDA represent a crucial partner for leveraging the restored reserves for future, sustainable tourism.