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Water rights of A'pura farmers assured

by Florence Wickramage

The Supreme Court on Friday in an order proposed a scheme to assure the water rights of a group of paddy farmers from Thuruwila in the Anuradhapura district who had petitioned court that their traditional water source was to be taken over for the Anuradhapura Group Town Water Supply Project.

The Bench comprised Justice Mark Fernando P.C., Justice D. P. S. Gunasekera and Justice T. B. Weerasooriya.

Pamoda Rajakeeya, Legal Officer of the Environmental Foundation Limited (EFL) said that the farmers had lodged a Fundamental Rights petition under Article 12(1) & 14(1) of the Constitution.

Farmers petitioned that the ancient Thuruwila tank dated from the time of King Mahanama for the use of villagers. They had stated that under an agreement between the National Water Supply & Drainage Board and the Irrigation Department, water in the self-contained and rain-fed Thuruwila Tank was to be taken over. They alleged that although the scheme of the project has required a parallel input of water from the Mahaveli system into the Thuruwila Tank, the agreement had made no reference to this requirement. The farmers also stated that certain Mahaweli Officials had expressed fears as to whether the Mahaweli system could supply the required input of 27,000 cubic metres per day.

Justice Mark Fernando in his order stated that the Court with the agreement of State Counsel appearing for the Respondent Authorities would propose, that a guarantee will be recorded in Courts that the Mahaveli Authority agrees to supply the said water. The Court also proposed a parallel guarantee that in the event that the input will be insufficient, the amount of water drawn out of the Thuruwila Tank would also be reduced proportionally so as to maintain the tank at its existing level.

The Court has also directed the parties to draw up a joint motion setting out the modalities for implementation of this agreement and to file same in Court on 26th July 2002.

Ms. I. R. Rajapakse with Ms. Pamoda Rajakeeya and Ms. Asha Dhanasiri instructed by Ms. Lilanthi de Silva appeared for the petitioners. State Counsel Uditha Egalahewa appeared for the Attorney-General.

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Copyright 2001 The Associated Newspapers of Ceylon Ltd.
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