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 Post subject: Cabinet Memorandum
 Post Posted: Mon Jul 25, 2005 9:42 pm 
Source:
Sunday Leader
11th February 2001



Cabinet Memorandum


Ministry of Urban Development, Construction & Public Utilities

CABINET MEMORANDUM

IMPLEMENTATION OF DIYAWANNA UYANA PROJECT, BATTARAMULLA, EXECUTION OF LICENSE AGREEMENT WITH THE ASIA PACIFIC GOLF COURSE LIMITED (APGCL) TO DEVELOP, MANAGE AND MAINTAIN THE REMAINING AREAS OF THE PROJECT SITE

ON BEHALF OF THE URBAN DEVELOPMENT AUTHORITY (UDA)

'Diyawanna Uyana Project' at Battaramulla which is approximately 226 acres, comprises the Golf Course, Leisure Centre, limited residential development and a public park including a nature park, dry weather cricket and football pitches and the Shrine of Innocent monument. (Total project area is shown in Annexure 'A'). The overall project site includes a part of a large low-lying flood detention area and a very small high land at Polduwa. The area earmarked for flood detention needs to be maintained carefully as per the recommendation of the Environmental Impact Assessment (EIA) carried out for this purpose.

02. Out of the said 226 acres of the project site, 141A-2R in extent (depicted as Lot 1 in Plan No. 1481). (Hereinafter referred to as 'Golf Course Site') was given to Asia Pacific Golf Course Limited (APGCL) on a 99 year lease, in pursuance of a decision of the Cabinet of Ministers dated 04.03.1998, for development of a 18 hole Golf Course, housing, other recreational facilities subject to the Developer ensuring that the adjacent areas (depicted as Lots 2 - 6 in the same Plan and Lot 1 in Plan No. 1441 containing 84A-2R-39. IP in extent) would be preserved as flood detention areas (copies of the said Cabinet Paper and decision are annexed hereto marked B and C).

Out of the remaining areas of 84A-2R-39. IP in extent, adjoining to the Golf Course Site, a land parcel, in extent of 19A-1R-2.56P (7.8 hectares) was given to Kaduwela Pradeshiya Sabha as a free grant for development of a public playground as a part of the said 'Diyawanna Uyana Project,' in pursuance of a decision of the Cabinet of Ministers dated 23.03.2000 (Copies of the said Cabinet Paper and the decision are annexed hereto marked D & E).

03) In order to ensure the conservation of the remaining land adjoining the Golf Course Site, of the project, (84A-2R-39.IP) and to implement the mitigatory measures specified in the EIA, as flood detention ponds and marshes while also facilitating creation of public nature parks in certain parts of the land it was later decided by the Board of Management of the UDA that the best strategy was to get the Golf Course developer to develop, manage and maintain the entire remaining area adjoining the Golf Course Site in accordance with the overall Diyawanna Uyana Master Plan, EIA guidelines and flood detention plan of Sri Lanka Land Reclamation & Development Corporation (SLLR&DC) at no cost to UDA or government. Accordingly, the Board of Management at its meeting held on 17.11.2000 has agreed that the entire remaining area of the Diyawanna Uyana Project including the land parcel given to Kaduwela Pradeshiya Sabha adjoining to the Golf Course Site, 84A-2R-39. IP in extent depicted as Lots 2 to 6 in Plan No. 1481 and Lot No. 1 in Plan No. 1441 be given to APGCL on a License Agreement for a 99 year lease, free of charge, for the proposed flood detention arrangement with compatible recreational uses including public nature parks and access roads subject to adherence of the EIA recommendation including the approved Storm Water Management Plan prepared by the SLLR&DC, and UDA Planning guidelines, subject to the condition that a playground and the park should be made available to the public after development.

04) The Board of Management of the UDA in response to a request of APGCL has further agreed to permit APGCL to construct villas, apartments, resorts and cottage houses and related activities upon the Golf Course Site and to transfer the free hold title to buyers of villas and apartments.

05) I am in agreement with the decisions of the Board of Management of the UDA and seek the approval of the cabinet of ministers for following.

5.1 Release 84 acres 2 roods 39.1 perches in extent depicted as Lots 2 - 6 in Plan No. 1481 and Lot No. 1 in Plan No. 1441 to Asia Pacific Golf Course Limited on a License Agreement concurrent with the Lease Agreement for 99 years, free of charge, for the proposed flood detention arrangements with compatible recreational uses including development of public nature parks and access roads by the developer at no cost to UDA or Government, subject to adherence of the EIA recommendation including the approved storm water management plan prepared by the SLLR&DC and UDA Planning guidelines and subject to the condition that the playground and the park should be made available to the public after development in keeping with the decision of the Board of Management of the UDA.

5.2 Authorise for the Urban Development Authority to permit Asia Pacific Golf Course Limited to construct villas, apartments, resorts and cottage houses and other related activities within the Golf Course site, and to transfer the freehold title to buyers of villas and apartments upon receipt of 100% premium in value of the Chief Valuer's valuation for the demised premises on pro-rate market value as may be determined by the Cabinet, from the APGCL.

5.3 To revoke the decision of the Cabinet of Ministers dated 23. 3. 2000 for the allocation of the land in extent of 19A-1R-2. 56 perches to Kaduwela Pradeshiya Sabha, and to reimburse the development expenditure if any, incurred by the Kaduwela Pradeshiya Sabha, for development of playground, after recovering such amount from the APGCL.

MANGALA SAMARAWEERA

MINISTER OF URBAN DEVELOPMENT,

CONSTRUCTION & PUBLIC UTILITIES

Ministry of Urban Development

Construction & Public Utilities,

Sethsiripaya

Battaramulla


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