Writ petition on Army quarters project: CA issues notice on Defence Secretary

By S. S. Selvanayagam

 The Court of Appeal on Thursday issued against the Defence Secretary and other respondents notices returnable for 12 January pursuant to a writ petition complaining of a move to allegedly construct a scheme of bachelor quarters for Army soldiers illegally.

 The Bench comprised Justices Vijith K. Malalgoda (President/CA) and S. Thurairajah. The petitioners are residents at Malabe in Pothuarawa Grama Niladari Division. They cited Defence Secretary Karunasena Hettiarachchi, Commissioner General of Agrarian Development M. A. S.Weerasinghe, the Central Environmental Authority and the Urban Development Authority as well as the Attorney General as respondents.

 Ravindranath Dabare instructed by Prabanu Samaraweera appeared for the petitioner who state that 1,685 families are residents of the said Grama Sevaka Division and express concern about the implementation and enforcement of the laws relating to the protection of nature and environment. A plot of land in Malabe containing 280 perches is being cleared by the office of the Defence Secretary to construct a scheme of bachelor quarters for soldiers illegally, they stated.

 The intended and planned construction belonging to the Army contains 4,000 quarters and therefore the approval of the National Environmental Authority has to be obtained prior to the commencement of the said project.

 The petitioners said the area of the paddy land/low land which had already been filled will cause imminent danger of causing severe floods in the area. They allege that it is the duty of the Defence Secretary to obtain the approval of the Commissioner General of Agrarian Development before filling any paddy land but he has so-far been unable to do so.

 Before implementing a project containing any such construction, the Defence Secretary is required to obtain the approvals from the Urban Development Authority and relevant local government authority, but according to the petitioners, the Defence Secretary had failed to obtain those approvals. They pointed out that the Defence Secretary is duty bound to prepare Environment Impact Assessment.

 They contend the proposed construction site is bordering a densely populated housing schemes and a large number of dwelling places and it is mandatory on the Defense Secretary to adhere to the international norms and covenants before establishing quarters for the soldiers in densely populated areas.