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SC restrains for now clearing forests and planting gliricidia in place
View(s):The Supreme Court granted leave to proceed in a fundamental rights petition filed restraining private companies from clearing forest and growing gliricidia trees which affect the fauna and flora of the country.
The petitioners Environmental Foundation (Guarantee) Ltd, Wildlife and Nature Protection Society and Wilderness and Protected Areas Foundation cited K.P. Ariyadasa, Acting Conservator General of Forests, H.D. Ratnayake Director General of Wildlife Conservation, Anura Priyadarshana Yapa MP., Minister of Environment, Wimal Rubasinghe, Chairman Central Environment Authority, United Dendro Energy (Pvt) Ltd, LOLC Eco Solution (Private) Limited, Pemapala Muthumala, Magampura Cattle Owning Farmers Association, the Central Environment Authority and the Attorney General as respondents
The petitioners state that the pasture land known as “Amarawewa” is situated in the Ranminithenna State Forest within the area of the Tissamaharama beat forest area of the Forest Department in the Hambantota District which falls under the jurisdiction and control of the Forest Department and is adjacent to the Ruhuna National Park, commonly known as Yala National Park. This area is recognised as a high quality wildlife habitat in the dry zone of Sri Lanka where elephants, bears and leopards roam in the Yala Natural Reserve.
The petitioners further said this area acts as a buffer against the human-elephant conflict as it prevents elephants from gaining direct access to devloped areas/villages.
The petitioners learnt from reliable sources that a large scale illegal land clearing within the aforesaid Amarawewa forest was being carried out for the purported gliricidia plantation by the 5th respondent United Dendro Co. and the 6th respondent LOLC Solutions with the involvement of the 7th respondent Pemapala Muthumala. Further an access road is being constructed for the project site through the buffer zone of the Ruhuna National Park formerly known as the Yala National Park destroying the fauna and flora and their habitats.
The petitioners state that even after several letters were sent to the respondents to halt the illegal land clearing and cultivation it is still being continued to date. The Forest Ordinance states that cutting grass, regulating or seizing cattle pastures or regulating the required fees for the above purposes from any forest area can be done only by the aforesaid rules and regulations made by the Minister in charge of the subject.
The Supreme Court Bench comprising Justices Saleem Marsoof, Chandra Ekanayake and Sathiya Hettige granted leave to proceed under Article 12(1) of the Constitution. The 5th and 7th respondents gave an undertaking not to carry out any further clearing or development of the land at Amarawewa or to do anything pursuant to the permit and agreements until the matter is sorted out.
Attorney Saliya Pieris with Wardhani Karunaratne appeared for the petitioners. Sanjeewa Jayawardena PC appeared for the 5th respondent, Ali Sabry PC for the 7th respondent and State Counsel Avanthi Perera for the 1st to 4th respondents. The case was fixed for April 4.
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