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Elevated Highway Project over Thalangama Wetland: Discussions to proceed despite protests    

01 Aug 2021

  • RDA, CEA, UDA, SLDC discuss environmentally friendly approach  
  • Motion to be filed seeking withdrawal of new gazette on the wetland 
By Maheesha Mudugamuwa  Despite vehement opposition from residents near the Thalangama Wetland, the Road Development Authority (RDA) together with several other government institutions is currently discussing an environmentally friendly approach for the construction of the controversial road stretch of the Elevated Highway Project (EHP) over the Thalangama Environmental Protection Area (EPA).  Accordingly, discussions are currently being carried out by the RDA, Central Environmental Authority (CEA), Urban Development Authority (UDA), and Sri Lanka Land Development Corporation (SLDC), RDA Chairman Chaminda Athaluwage said last week.  He told The Sunday Morning that the environmental approaches that would be applied for the proposed road stretch had not yet been finalised and the authority would adopt the mechanisms suggested by the CEA and other related institutions so as to protect the environment around the Thalangama Wetland while constructing the road.  “We will take all possible measures to make sure that no damage would be done to the environment during the road construction and will take all precautions,” Athaluwage added.    Details of the project The EHP was designed to be implemented under two phases.   Phase I of the project is a four-lane road section with the total length of 6.9 km originating from New Kelani Bridge and ending up at Rajagiriya. Phase II of the project extends from Rajagiriya up to Athurugiriya (10.4 km), which connects with the Outer Circular Expressway.  The road from New Kelani Bridge to Athurugiriya is to be constructed by China Harbour Engineering Corporation (CHEC), which already has a large project portfolio in Sri Lanka on a build, operate, and transfer (BOT) basis, and the awarding of the construction contract to the CHEC was approved by Cabinet in April based on the recommendations made by the Cabinet-Appointed Negotiating Committee. Construction work was scheduled to be completed by 2025.  The project has been in the limelight ever since it was proposed by the Government, as environmentalists as well as the residents are vehemently opposed to the development project, alleging it would pose severe damage to the remaining green patches of Colombo’s wetland in Thalangama and Averihena. Residents have urged the Government to use a different route to avoid the wetland if it really wants to go ahead with the project. As they alleged, once a mega-scale development project is run through a wetland, there would be severe changes in the surrounding environment.  Since the Thalangama Wetland is one of the very few remaining wetlands in the Western Province, residents have stressed the need to protect the area for the future generations.    The project was kept on hold for several months, as the authorities could not go ahead with the road construction over the wetland, as the Thalangama wetland including the Averihena Lake, was declared an EPA under the National Environment Act (NEA), No. 47 of 1980 as amended, by the CEA in 2017, through the Gazette Notification Number 1487/10.  However, after the construction of the project was awarded to the CHEC, the Government decided to re-gazette the Thalangama EPA to allow the construction of the proposed EHP from New Kelani Bridge to Athurugiriya.  Amendments made to accommodate project Accordingly, the Environment Ministry amended Schedule II and Schedule III to the order made under Sections 24C and 24D of the National Environmental Act, No. 47 of 1980 in respect of the area of land called “Thalangama Environmental Protection Area” and published in the Gazette Extraordinary No. 1487/10 of 5 March 2007.  The amendments included the addition, immediately after item six of Schedule II, “the construction, operation, and maintenance of the Four-Lane Elevated Highway Construction Project from new Kelani Bridge to Athurugiriya and related constructions of such project”; and the addition, immediately after item (m) of Schedule III, “(n) construction, operation, and maintenance of Four-Lane Elevated Highway Construction Project from New Kelani Bridge to Athurugiriya and related constructions of such project, shall not have an adverse impact on the EPA”.  As per the previous gazette, Schedule II included the permitted uses, including the cultivation of paddy, fishing, nature trails, construction of towers for the observation of birds, an environmental educational information centre and a sales outlet, and construction of a security post.  Schedule III included conditions subject to which said permitted uses are to be carried out, including constructing security posts in limited numbers and of a semi-permanent nature, ensuring that the environment shall not be disturbed; ensuring that only the area alongside the Depa Ela and the mud bunds (niyara) of the paddy fields can be used for the purpose of nature trails; constructing bird observation towers in limited numbers and of a semi-permanent nature, always ensuring that the environment shall not be disturbed. Trees existing within the area can be used for this purpose while only traditional fishing activities are permitted within the EPA. No motor will be allowed therein and no barriers or activities which hinder the sustainability of the environmental protection zone will be permitted. Any barrier or activity so erected or carried out shall be forthwith remover or stopped by the CEA.  Furthermore, it states that permitted uses shall be carried out in such a manner as not to disturb the general pattern of life and the livelihood of the villagers; the permitted uses should be carried out in consultation with the CEA, UDA, the Agrarian Development Department (ADD), the Department of Irrigation (ID), the Sri Lanka Land Reclamation and Development Corporation (SLLR&DC), and the relevant local authorities. In keeping with the general standards applicable hereto, the prior approval of the CEA should be obtained for any development of any infrastructure facilities; if the permitted uses described in Schedule II are part of a prescribed project under Part IV C of the National Environmental Act, approval should be obtained accordingly; if the proposed project is not prescribed under Part IV C of the National Environmental Act, an environment assessment should be carried out (in accordance with provision of section 10H of the National Environmental Act) for evaluation prior to granting the approval of the CEA. The report will be evaluated by an appropriate committee appointed by the CEA. A monitoring committee will be appointed to monitor the project activities and an administrative levy scheme will be prepared and adopted by the CEA, in order to process and evaluate the project proposal and monitor the project activities.  Re-gazette illegal? Meanwhile, a writ petition was filed in the Court of Appeal by the Centre for Environmental Justice (CEJ), seeking an order preventing the construction of the highway.  In the petition, the CEJ stated that recognising the uniqueness and importance of this area, owing to its ecological, hydrological, and historical importance, and after the CEA had carried out detailed studies and research, the Thalangama Tank and its environs were declared an EPA under the National Environmental Act (NEA) No. 47 of 1980 (as amended) by Gazette Extraordinary No.1487/10 dated 5 March 2007.  Speaking to The Sunday Morning, CEJ Chairman Attorney-at-Law Ravindranath Dabare said it was illegal to re-gazette the previous gazette on the Thalangama Wetland while there was a pending court case.  “We have inquired with the Attorney General when the case was taken up for hearing, but the AG did not inform us about the re-gazette. But later on, the gazette was issued without even informing the parties to the case,” he stressed.  Claiming that the re-gazette of the previous gazette was illegal, Dabare said a motion would be filed and supported to request the withdrawal of the new gazette, as it was illegal and would affect the ongoing legal proceedings as well.


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