Lanka court determination to affect provincial land control

 

COLOMBO, Sept 27: A Sri Lankan Sinhala nationalist party today called for constitutional provisions to strip provincial administrations of land control powers following a top court ruling.

The Supreme Court in a definition had ruled that land control powers were a subject to be retained by the central government and not one to be devolved to provincial councils.

The ruling yesterday came as a result of a review by the Supreme Court.

The central town of Kandy’s High Court in 1997 had ruled that land was not a subject that came under the preview of the provincial councils.

However the Appeal Court in August 2012 had reversed the ruling and declared that provinces have the power over land issues.

“This is a very important determination and action to correct a long standing wrong,” Gomin Dayasri, a senior attorney said.

Responding to the determination, the government’s nationalist ally JHU (Heritage Party) said that constitutional provisions would be now needed.

“Court rulings can be changed so we want progress so as to introduce constitutional amendments,” Udaya Gammanpila, a senior leader JHU said.

The court determination assumes significance in view of the landslide victory by the main Tamil party, TNA in last week’s first ever northern provincial council election.

Lands are a provincial subject in terms of the stipulations in the 13th amendment of 1987 backed by India.

However full devolution never came to be implemented.

President Mahinda Rajapaksa has come under increasing pressure from his Sinhala-majority nationalist allies to strip provincial councils of land and police powers.

The fears stem from TNA’s gaining control in the north where the LTTE based their decades-old armed campaign to set up a separate Tamil homeland. (PTI)

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