that it had not provided water and power supply to inner roads. Meanwhile, the UDA had informed
the Pradeshiya Sabha that the building situated within the land already has power supply and the
developers could easily obtain water supply from the main roads belonging to the Pradeshiya Sabha
as those roads already had pump lines. The UDA also informed that it has no objection what so
ever in issuing a compliance certificate in line with the regulations of the UDA. However the
Pradeshiya Sabha still held the position that the plan could only be approved after establishment of
water supply to the land.
The letters issued by the UDA revealed that there was no specific provision either in the UDA Act
or in any other related regulation to prevent establishment of water or power supplies to
subdivisions of lands. Accordingly, it has been recommended that if the land is or less than half an
acre and if the water could be provided to such land without supplying them to inner roads, such a
plan could be approved. In addition the Commission got the fact verified that there is no specific
requirement of water and power supply to lands for the purpose of obtaining approval of a
subdivision plan. Whenever a land developer gets water and power supplies to a land, he always
make it a point to sell such land to a higher price. The Commission noted that this would take away
the right of an ordinary person to purchase a land to a fair price and to develop it on his own.
Therefore, the Commission decided that the Bope-Poddala Pradeshiya Sabha has violated Article
12(1) of the Constitution by omission to adopt suitable provisions or procedure to deal with a
situation where specific rules are non-existing (law is silent) in order to espouse the best interest of
the public. Hence, the Commission instructed the Provincial Commissioner to provide a report on
the conduct of the Secretary of the Pradeshiya Sabha in connection with this matter and
recommended that UDA should take necessary measures to prepare a set of rules in simple and
comprehensible language on the procedure to be followed by the public relating to obtaining
approval for survey plans and to post them on the website and display them at Pradeshiya Sabha
Offices, in all three languages.
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