Managing absolute power

Monday, 21 February 2011 00:01 - - {{hitsCtrl.values.hits}}

Power corrupts and absolute power corrupts absolutely…. So the saying goes and a development last week gives this adage a disturbing realistic tinge.

According to media reports over the weekend a statutory body was given legal approval under the Defence Ministry to have powers over any land developed in the Colombo, Kalutara and Gampaha Districts.

The reports stated that developing or filling land in the districts of Colombo, Kalutara and Gampaha will henceforth require approval from a statutory body coming under the Ministry of Defence. New regulations to compel landowners to obtain the approval of the Sri Lanka Land Reclamation and Development Corporation (SLRDC) were gazetted last week.

The changes have come in the form of a “Correction Paper” to the regulations gazetted earlier by Dinesh Gunawardena, Minister of Urban Development and Sacred Areas Development.

The article added that a Planning Committee, subject to strict terms and conditions, will grant approval for development or filling of land in the three districts. The Committee will comprise officers of the Urban Development Authority, the Central Environmental Authority (CEA) and the Department of Agrarian Services. In addition, it will also comprise senior officers of the Sri Lanka Land Reclamation and Development Corporation (SLRDC).

Both the Sri Lanka Land Reclamation and Development Corporation (SLLRDC) and the Urban Development Authority come under the purview of the Ministry of Defence. If the land proposed to be developed is a paddy field, the new regulations stipulate that the approval of the Commissioner of Agrarian Services is sought on the basis of recommendations made by the SLLRDC.

Any individual authorised by the Chief Executive Officer of the SLLRDC shall have the power to access the declared area. Anyone who disturbs such access could be convicted under the provisions of the SLLRDC Act.

As with any action this will have both pros and cons. On the one hand, land could be developed in a planned manner and illegal construction minimised while on the other, there is room for forceful acts that could leave private land owners and the poor at a severe disadvantage.

If this change is to be for the good of the people then there should be transparent mechanisms to ensure that all stakeholder voices are heard. There are many under privileged people in these areas who could be adversely affected by “development” projects that do not consider the need for inclusiveness or sustainability. However the new authorisation gives powers to convict people who oppose the diktats of the SLLRDC, which raises the question of how their considerations will be taken into account.

Moreover the SLLRDC will have to ensure that corruption will not seep into its actions and the welfare of all people are taken into account when considering proposals. While the amalgamation of key institutions is practical there must also be a process to assure that they are not politically or otherwise influenced in their decision making. Perhaps this is wishful thinking in present day Sri Lanka but the people have a right to be protected from unfair practices that might be legal but does not uphold the spirit of the law.