Connect with us

Opinion

UDA vested with draconian powers

Published

on

This article is to educate the general public how a group of present- day Brahmins, who assume they are leaders in Urban Development are trying to take over one of the oldest professions. Christened as the Urban Development Authority, they are spreading their tentacles all over the country, claiming to be lords of every landowner, who should obey their rules when it comes to development.

Surveying is one of the oldest professions in the world. Without a surveyor in the lead any form of development cannot be commenced. Survey profession in Sri Lanka (Ceylon) commenced in 1800, with the inauguration of the Survey Department, by proclamation by the then British Governor Fredric North on 2nd August 1800. Since then the Survey Department functioned independently, controlling the entire survey profession in the country under the command of the Surveyor General. Every land, be it state or private, comes under the purview of the Survey Department. Surveying of land is carried out by surveyors authorized by the Surveyor General, under strict control of regulations and procedures laid down in print, and revised time to time considering new technical developments.

In 2002, by an Act of Parliament, the Survey Act No. 17, the Land Survey Council was vested with the control of the entire Survey Profession, including the Survey Department with Surveyor General as its ex-officio Chairman. The seven -member Council consists of three members from the Survey Department, three from Surveyors’ Institute of Sri Lanka, which is the Professional body of Licensed Surveyors and one independent member nominated by the University Grants Commission. All professional and technical procedures on survey matters are exclusively regulated by the Surveyor General and Land Survey Council.

Every professional surveyor who possesses an Annual Practicing Licence is authorised to carry out any survey of land in Sri Lanka, obeying the existing laws governing land matters in the country, such as Court Commission Surveys, surveys for conveyance of deeds, engineering and construction surveys to name a few.

The Urban Development Authority, also a public organisation established by an act of parliament, in the guise of Urban Development and Town Planning issued, a set of regulations by Gazette Extraordinary No. 2235/54 dated 2021-07-08

These regulations recognises the UDA as the sole regulator of subdivision and amalgamation of any land and require the potential developers to obtain UDA permission. Non-compliance results in legal action.

According to the regulations stipulated in the gazette, the UDA has control over various fields such as engineering, architecture and surveying.

I wish to discuss how these regulations affect the Survey profession. Since 2019, the UDA has introduced these regulations by way of articles on the sly. Sensing danger, many professional bodies including that of surveyors have protested. Discussions were held between the UDA and the Land Survey Council, Survey Department an well as the Surveyors Institute. During the discussions all suggestions by the UDA detrimental to the survey profession were taken up and the UDA undertook to look into them before preparing the final draft. But the regulations were published on 2021-07-08 in the government Gazette without the consent of connected professionals.

Under these regulations the common land owner becomes the victim of the circumstances in the name of urban development. He will have to partition his plot of land in his village, each allotment encompassing more than six perches. Farmers owning paddy land too have to obtain permission from UDA to divide their land. When implementing these regulations several issues will arise, particularly when land subdivision is carried out under the Partition Act. Even the Court decision conveyed in a Partition Case should wait until the UDA puts their seal of approval on the partition decree, before the Court Commissioner performs the final partition on ground.

The UDA has overstepped its authority by issuing instructions devised by them to the surveyor who alone is answerable to the Land Survey Council and the Surveyor General on survey related matters, be they technical or general. The UDA in their fold does not seem to have professionals who can evaluate and advise on matters pertaining to each profession independently, so that the end result should benefit the taxpayer other than him being harassed by implementing various rules and regulations he is already burdened with.

Now that the hornet’s nest has been stirred up, all interested parties are taking on the UDA to answer for their action for justification. Those from the Survey profession, namely the Land Survey Council, Surveyor General and the Surveyors’ Institute of Sri Lanka, have lodged their protest while contemplating Legal action if everything else fails.

If they think they can give legal status to those regulations, the development process in the country will be plunged into chaos. While the government is desperately calling for foreign and local investments, land issues can surely discourage the potential investors, who already complain about bureaucratic intervention.

A CONCERNED

SURVEYOR



Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Opinion

A harsh reflection of Sri Lanka’s early-warning gap

Published

on

Floods caused by Cyclone Ditwah

Cyclone Ditwah:

Cyclone Ditwah, which swept across Sri Lanka at the end of November, caused massive damage to the country, the extent of which need not be mentioned here, as all are aware of it by now. Heated arguments went on among many parties with regard to how this destruction could have been mitigated and who should take responsibility. Although there may have been shortcomings in several aspects of how we responded to Ditwah, this article highlights a critical area that urgently requires attention if we are to protect ourselves from similar hazards in the future.

As is common in many situations, it has once again showcased a concerning weakness in the country’s disaster-management cycle, the gap between issuing early warnings and the expected public response. The Meteorological Department, the Irrigation Department, the National Building Research Organization, and other authorities issued continuous warnings to evacuate well in advance of imminent threats of flooding, landslides, and water hazards. However, the level of preparedness and community reaction fell short, leading to far greater personal property damage, including loss of a few hundred lives.

Sri Lanka is not unfamiliar with natural disasters. One of the most devastating disasters in our history could be considered the 2004 Tsunami event, which resulted in over 35,000 deaths and over $1 billion in property damage in the coastal belt. After the event, the concepts of disaster management were introduced to the country, which we have been adhering to since then. Again in 2016, the country faced massive river flooding, especially in western and southern regions, and until recently experienced repeated floods and landslides due to rains caused by atmospheric disturbances, though less in scale. Each of these events paved the way for relevant authorities to discuss and take appropriate measures on institutional readiness, infrastructure resilience, and public awareness. Yet, Cyclone Ditwah has demonstrated that despite improvements in forecasting and communication, well supported by technological advancements, the translation of warnings into action remains critically weak.

The success of early-warning systems depends on how quickly and effectively the public and relevant institutions respond. In the case of Ditwah, the Department of Meteorology issued warnings several days beforehand, supported by regional cyclone forecasting of neighbouring countries. Other organisations previously mentioned circulated advisories with regard to expected flood risk and possible landslide threats on television, radio, and social media, with continuous updates. All the flood warnings were more than accurate, as low-lying areas were affected by floods with anticipated heights and times. Landslide risks, too, were well-informed for many areas on a larger spatial scale, presumably due to the practical difficulties of identifying such areas on a minor scale, given that micro-topography in hill country is susceptible to localised failures. Hence, the technical side of the early-warning system worked as it should have. However, it is pathetic that the response from the public did not align with the risk communicated in most areas.

In many affected areas, people may have underestimated the severity of the hazard based on their past experiences. In a country where weather hazards are common, some may have treated the warnings as routine messages they hear day by day. As all the warnings do not end up in severe outcomes, some may have disregarded them as futile. In the meantime, there can be yet another segment of the population that did not have adequate knowledge and guidance on what specific actions to take after receiving a warning. This could especially happen if the responsible authorities lack necessary preparedness plans. Whatever the case may be, lapses in response to early warnings magnified the cyclone’s impact.

Enforcing preventive actions by authorities has certain limitations. In some areas, even the police struggled to move people from vulnerable areas owing to community resistance. This could be partly due to a lack of temporary accommodation prepared in advance. In some cases, communities were reluctant to relocate due to concerns over safety, privacy, and the status quo. However, it should be noted that people living in low-lying areas of the Kelani River and Attanagalu Oya had ample time to evacuate with their valuable belongings.

Hazard warnings are technical outputs of various models. For them to be effective, the public must understand them, trust them, and take appropriate action as instructed. This requires continuous community engagement, education, and preparedness training. Sri Lanka must therefore take more actions on community-level disaster preparedness programs. A culture of preparedness is the need of the day, and schools, religious institutions, and community-based organisations can play an important role in making it a reality. Risk communication must be further simplified so that people can easily understand what they should do at different alert levels.

Cyclone Ditwah has left, giving us a strong message. Even an accurate weather forecast and associated hazard warnings cannot save lives or property unless the public responds appropriately. As it is beyond doubt that climate change intensifies the frequency and severity of extreme weather events, people in Sri Lanka have to consider preparedness as a routine part of life and respond to warnings promptly to mitigate damage from future disasters.

(The writer is a chartered Civil Engineer)

by Eng. Thushara Dissanayake

Continue Reading

Opinion

Feeling sad and blue?

Published

on

Rowan Atkinson

Here is what you can do!

Comedy and the ability to have a good laugh are what keep us sane. The good news to announce is that there are many British and American comedy shows posted up and available on the internet.

They will bring a few hours of welcome relief from our present doldrums.

Firstly, and in a class of its own, are the many Benny Hill shows. Benny is a British comedian who comes from a circus family, and was brought up in an atmosphere of circus clowning. Each show is carefully polished and rehearsed to get the comedy across and understood successfully. These clips have the most beautiful stage props and settings with suitable, amusing costumes. This is really good comedy for the mature, older viewer.

Benny Hill has produced shows that are “Master-Class” in quality adult entertainment. All his shows are good.

Then comes the “Not the Nine o’clock news” with Rowan Atkinson and his comedy team producing good entertainment suitable for all.

And then comes the “Two Ronnies” – Ronnie Barker and Ronnie Corbett, with their dry sense of humour and wit. Search and you will find other uplifting shows such as Dave Allen, with his monologues and humour.

All these shows have been broadcast in Britain over the last 50 years and are well worth viewing on the Internet.

Similarly, in The USA of America. There are some really great entertainment shows. And never forget Fats Waller in the film “Stormy Weather,” where he was the pianist in the unforgettable, epic, comedy song “Ain’t Misbehavin”. And then there is “Bewitched” with young and glamorous Samantha Stevens and her mother, Endora who can perform magic. It is amazing entertainment! This show, although from the 1970s was a milestone in US light entertainment, along with many more.

And do not overlook Charlie Chaplin and Laurel and Hardy, and all the Disney films. Donald Duck gives us a great wealth of simple comedy.

The US offers you a mountain of comedy and good humour on Youtube. All these shows await you, just by accessing the Internet! The internet channel, ‘You tube’ itself, comes from America! The Americans reach out to you with good, happy things right into your own living room!

Those few people with the ability to understand English have the key to a great- great storehouse of uplifting humour and entertainment. They are rich indeed!

Priyantha Hettige

Continue Reading

Opinion

There is much to learn

Published

on

After the recent disaster, a great deal of information has been circulating on WhatsApp and YouTube regarding our reservoirs, highways, etc.

In many of these discussions, people have analysed what went wrong and how the damage could have been prevented. My question is this: why do all these knowledgeable voices emerge only after disaster strikes? One simple reason may be that our self-proclaimed, all-knowing governing messiahs refuse to listen to anyone outside their circles. It is never too late to learn, but has any government decision-maker read or listened to these suggestions?

When the whole world is offering help to overcome this tragedy, has the government even considered seeking modern forecasting equipment and the essential resources currently not available to our armed forces, police, and disaster-management centres?

B Perera

Continue Reading

Trending