Missives on the Megapolis concept

Sri Lanka is set to compete with the ever-changing global competition. No nation can avoid competition in global trade and the challenges are formidable for a small country like Sri Lanka. There will have to be structural adjustments to the way the country has thus far been governed.

The outmoded thinking and the outdated laws will have to be reformed which will be in accord with the Megapolis development agenda. This exercise will have to be done well before the power equilibrium is disturbed by the spoilers (anti-Sirisena factions) and the time is opportune as the Government is currently holding the majority in Parliament.

Outmoded thinking and outdated laws will have to be reformed which will be in accord with the Megapolis development agenda

There will have to be radical reforms in the laws concerned with land acquisition, disposal, development, and the way commercial land developments are transacted. The legislative push, required for vital economic development, would certainly require special majority in the parliament hence it is vital to keep the right political balance in the Parliament in order achieve the Government’s development agenda. President Sirisena’s National Government concept is an ideal platform to get the necessary legislation enacted in Parliament with the consensus of the SLFP and UNP.

With the advent of the silent revolution that manifested itself on 8 January and the ensuing war against corruption, breakdown of the rule of law and lack of transparency in each Government transaction, and of course the reputation of the country overseas, the ills that bedevilled the country seem to have been restored to a considerable extent though there are areas that still need fine-tuning and further improvement.

The vital yardsticks required to make Sri Lanka a truly a developing country on par with some of the international standards are the development initiatives that are going to have a drastic impact on the economic development drive of the Sirisena administration and this must be achieved with absolute transparency.

As for the development initiatives that are going to have an effect on the electorate (within the Western Province), if not managed properly and if no benefits are accrued to people of Western Province, it would certainly hamper the re-election chances of the Government at the next election. This Megapolis concept is a costly exercise, in terms of electoral politics and the continuation of regimes, unless it is well-managed. If this is mismanaged it would pave the way for re-emergence of the types that ruled the country through diktats.  

Division of Railway into three segments

Transport infrastructure such as railroads will have to be re-planned. There can well be a division of the Railway Department into three divisions, ideally under Southern Railway, Northern Railway and Eastern Railway with three maintenance hubs and the rail service will run only up to Moratuwa in the Southern Railway Division and other terminations for northern and eastern to be decided rationally.

The rail line thus connecting from Moratuwa to Fort Railway Station can be either removed or used for vehicular transport and commuters (from Matara to Colombo) who disembark from Moratuwa, being the terminating point, will be offered either a free ticket (extension of the same ticket) or other conveyance to Fort. It is also possible to use the railway line for private rail buses/tram service. This is to be followed with northern and eastern railway divisions accordingly. This concept will keep trains and railway away from Colombo Metropolitan district.

The land occupied by the Railway Department (including railway tracks e.g. Moratuwa to/from Fort, Gampaha to/from Fort) can then be used for commercial development. Current public transport would take an hour and a half to ply from Fort to Moratuwa during busy hours. This does not augur well for economic development. The Megapolis concept must therefore be a proposition that must necessarily augment the economic benefits of the residents within the Western Province. There will have to be wider public consultations with inputs from university research divisions.

Special Courts of Law for Megapolis development drive

There will have to be special courts created specifically for disputes that would arise from land alienation and other disputes arising out of execution of Megapolis development plans. It is extremely important dispose cases speedily and appeal process must necessarily be directly to Supreme Court. The Judicature Act will have be amended to provide such a space.

Land Acquisition Act, Land (Restriction on Alienation), Land Development Act, Crown Land Act, Railway Act and a plethora of legislative enactments will have be amended to create a conducive environment for Megapolis development drive. There will have to be a reinterpretation of fundamental rights, as entrenched in the Constitution, and this process is rather tricky as it borders on the basic structure of the constitution with a special procedure for dealing with entrenched provisions of the Constitution.

If a new constitution is introduced with Megapolis concept in mind, then it would obviate citizens reaching directly the Supreme Court, which is already straddled with fundamental rights petitions. Under the 1972 Republican Constitution there was a separate mechanism to address fundamental rights cases through a Constitutional Court. A similar mechanism might be required to deal with fundamental petitions under a new dispensation envisaged in the new constitution.  

Law reform in land acquisitions, disposal and commercial development

If the title deeds and land valuations are predetermined according to a set formula and all transactions are made transparent, then revenue collection can be predicted and collected efficiently. It is also possible to promulgate title deeds and land details on the web. Information could be made available online and any citizen can access the details on the web and challenge the authorities if there are discrepancies and anomalies.

Land disputes too can be settled efficiently without the hassle of visiting Land Registry. Those who have encroached on land can also be evicted and notices can also be published online so that any citizen can access information. It is imperative to transform the Land Registry in a mighty way in line with the latest technology available so that land transfers can be properly assessed and values can be determined.

For ease of doing business, land transactions can also be done online through a notarial password, etc., followed by hard copies of the transaction. There have been cases filed against the land being taken over for marine drive project which had ended up to Wellawatte. There should not be a recurrence of similar dilemma for Megapolis adventure.

Colombo Capital Territory Authority (Megapolis Authority)

Will there be a need to maintain Colombo Municipal Council? There cannot be two masters fighting for a common vision and a mission. The need for CMC will be diluted and functions of CMC can be taken over by the Megapolis authority. It is imperative to study the legislative structure of the Australian Capital Territory Law (ACT) which is known as Canberra in which the Parliament of Australia is located.

(The writer holds an LLM in International Commercial Law and is a freelance journalist and a political analyst. Email: [email protected].)