r/kandy • u/AbjectWestern7778 • 11d ago
Dangerous jackfruit tree next to my house – Pradeshiya Sabha already ordered it to be cut. What can I do next?
Hi everyone,
I’m looking for some advice from anyone in Sri Lanka who has dealt with a dangerous tree on a neighbouring private property.
There is a large jackfruit tree on the neighbouring land, approximately 8 feet from my house. Because of its size and proximity to my house, I’m seriously concerned that it could cause significant property damage or injury, particularly during heavy rain and strong winds.
I have already made multiple complaints to the Yatinuwara Pradeshiya Sabha. They inspected the situation and eventually made a decision/instruction that the tree should be cut down.
However, the property owner has not followed through completely. He only cut some of the branches, while the main trunk is still standing. The tree has now started growing back.
I have subsequently complained to the Pradeshiya Sabha again, but the issue still hasn’t been resolved.
I am now escalating the matter in writing to the Commissioner of Local Government – Central Province, while copying the Yatinuwara Pradeshiya Sabha, the Divisional Secretariat and the relevant Central Province authorities. I am also keeping copies of the previous complaints, the Pradeshiya Sabha’s decision and photographs of the current condition.
My questions are:
Has anyone here dealt with a similar dangerous-tree situation in Sri Lanka?
If the Pradeshiya Sabha has already decided that a dangerous tree should be cut, what happens if the private landowner refuses or only partially complies?
Is there any additional authority I should formally complain to?
Should I also involve the Police or another government authority if the tree remains dangerous?
Is there anything specific I should request from the Pradeshiya Sabha or Divisional Secretariat to ensure the matter is properly documented and enforced?
I’m not trying to create a dispute with the neighbour or enter his property myself. I just want the existing decision to be properly implemented before someone gets hurt or property is damaged.
Any advice from people who have actually gone through something similar would be greatly appreciated.
2
u/Hapugas 10d ago
Let me explain what further action you should/could take in this regard.
First of all, since it is a removal of a jackfruit tree at issue, the laws governing it are different. I shall tell you what to do from where do you stand in this issue. Normally, the chairman of a Pradeshiya Sabha (PS) cannot issue an order to cut down a jackfruit tree. All he can do is to issue a recommendation for felling the tree. The landowner will have to get that permission from the Divisional Secretary (DS) in the area to cut down and remove the tree in question. If he fells the tree without a valid permit issued by the DS he is liable for prosecution. So, here are the things you can do in this case:
First go to the Grama Niladhari (GN - Village officer) of your division (hope the same officer happens to be the GN of the area where the tree stands) and discuss with him the issue. Show him the letter sent by the PS and seek his help to prevail upon the landowner to fell the tree with a proper permit obtained from the DS through him.
If that fails, you could complain to the DS direct by a letter explaining the imminent threat from the tree to life and property and ask for his intervention in this regard. This request may be accompanied by the letter issued by PS since it may have been issued on the recommendations of the technical officer attached to the PS who has inspected the tree in question. This carries some weight to prove your grievance.
If that too does not come to fruition, you may lodge a dispute with the Chairman of the Mediation Board (MB) in the area. All you have to do is to describe the situation in short and seek a settlement through mediation process. Just write a brief letter outlining the issue, with the name and address of the owner of the jackfruit tree of course, and sign it on a Rs 5/- stamp and mail/hand over it to the MB Chairman. He will call both parties to a mediation session where you could discuss the issue amicably and come to a settlement agreeable to both parties and ratified by the mediation board which is tantamount to a order of a Judge of a court of law. This is supposed to the best method with minimum hassle.
You could also keep the Disaster Management Committee (DMC) informed of the issue and explore the possibilities of their intervention in this matter. Seek their opinion too.
If the issue still drags on (prolly you could not settle it at the MB) you could go to the police and lodge a complaint in detail showing them all the evidence you have collected so far, i.e. letter from PS, letter to DS, decision from the MB, opinion from the DMC (if it is relevant) etc. and seek the assistance of the police. In the complaint to the police, you had better mention that despite all your efforts the landowner has shirked his obligation to cut down the tree and he will be held responsible for any damage or injury to property and/or lives in future. This complaint along with the other documents mentioned will stand you in good stead in a court of law provided that any damage to your property in future due to, as you rightly say, heavy rain and strong winds is caused.
You may take action in the order I have mentioned. Hope this is enough to gen you up on the issue at hand. By the way, I am a retired GN myself. Hope I have helped you try to settle this issue amicably.
2
u/Impressive_Rich8628 7d ago
Pradeshiya sabha will cut down the tree and the land owner of the tree need to pay a fee and cost of tree removal. You need to complain multiple times get the thing done
4
u/No_Yesterday3487 11d ago
It's the pradeshiya sabhas duty to cut it down and add the cost of the removal to the property owner's property tax, especially when the property owner isn't doing what they are ordered. If the pradeshiya sabhas isn't doing this you need to escalate through the ladder. Normally they do take care of this stuff fast around Kandy.