De-gazetting and Re-gazetting Gazettes

The President’s Manifesto, “Saubagyamath Dekma”, reflected in many of his public pronouncements that environmental issues need to be given due consideration before any development projects are to take place. His remarks at the “World Wetland Day” celebrations held in Battaramulla at the “Ape Gama” on 03 February 2020 also mentioned how inappropriate development have led to environmental degradation and wetlands destruction over the years, which adversely impact the present and future generations.

Paddy farmers in the Talangama Wetlands fought hard, tooth and nail, to get these wetlands gazetted  (1487/10 – 2007) as sensitive reservations for flood control and biodiversity preservation owing to its ecological, hydrological and historical importance. It was recognized to be a part of unique wetlands when Colombo was declared as South Asia’s Sole Wetlands City in 2018  under the International Ramsar Convention. This international recognition was accorded due to their unique biodiversity  hot spots, which are home to many rare species of birds and mammals that also plays the role of flood control and as one of the few green areas now left in the greater Colombo Areas. As per this gazette the only activities permitted are paddy cultivation, fishing and bird-watching.

Residents were horrified when they were informed by RDA officials surveying their property that the Rajagiriya-Athurugiriya elevated Highway has been designed to run over these wetlands and over 200 acres of paddy fields while also mowing down homes along its path. They wrote to the President with 170 signatures informing him of this while a gazette was in existence that specifically only permitted three types of activities. Sadly, there was no acknowledgment. Residents had to then turn to the courts for justice. Together with the Centre for Environmental Justice, a Writ Application was filed seeking an injunction on the construction of this highway over the gazetted wetland. While this is presently before court, residents were then made aware that arrangements were being made to re-gazette this gazette to include “elevated highways” under “permitted use”! What a shocking travesty!

Upon the request of the Dept of Highways, Emeritus Professor Sarath Kotagama prepared a very detailed environmental impact assessment report related to the  highway going over the environmental protection area and has stated inter alia, “Considering the significance and importance of the Talangama EPA, I AM NOT RECOMMENDING THE TRACING AS PRESENT, I strongly recommend that the tracing be done OUTSIDE the EPA area. However, as the connection is significant and is needed for the future, I would recommend the following ALTERNATIVES AS MITIGATORY ACTIONS TO BE CONSIDERED: The new connecting elevated Highway is constructed along the middle of the  existing Battaramulla-Kottawa Road to connect with Makumbura. The length from Battaramulla to Makumbura is approximately 12-14 kms.” Why is this not considered?

Recently a journalist spoke to the (previous) Attorney General on this matter and these were his views: “Any steps taken by the CEA to recommend to the Minister a revision or amendment to the order that declares the Thalangama wetland as an EPA – thereby allowing a new “permitted use” such as the construction of an elevated highway – would be a violation of the NEA, the AG responded this week.This means the CEA cannot advise the Minister to de-gazette the wetland in order to allow the road to run through. The AG noted also that the order declaring the Talangama wetland as an EPA is the subject matter of two cases before the Court of Appeal, where petitioners are seeking orders against the CEA to ensure strict implementation of the same.”Therefore, any steps taken by CEA to revise or amend the said Order made by the Minister and render nugatory the protection afforded to the Thalangama wetland as an EPA may attract adverse judicial orders,” the AG warns. He advises the CEA to direct the RDA, which is the project proponent, to consider an alternative trace which would avoid the Thalangama EPA in constructing the proposed four-lane elevated highway”.

Farmers  and residents will not only lose their  livelihoods at a time when people are struggling to live and to find employment, but hundreds of other residents living along either side of the 3.15 kilo meters long Averihena Wewa area will also be faced with health hazards, if these pristine and serene environments are destroyed and polluted by elevated highways spewing pollution each second of the day.

I would like to inform the President that I was the first to venture into organic paddy cultivation in this area 15 years ago and I am still doing so even though it has been an arduous and lonely journey. I would also like to inform him that both of my paddy fields have been demarcated to be acquired by the government to facilitate the building of this elevated highway.

Jomo Uduman Pothuarawa