SC FR 54/2017

Ananda Premasiri vs Sustainable Energy Authority & 16 Others.

Maru Kanda Mini hydro project-

This project take the lands of several families living along the Kuru Ganga for the project construction and dry up the remaining 3 km of the river. There are 4 projects already operating in this river. If they construct this project people will loose river water for bathing and other purposes. These lands are river reservation land and cannot give permit or deed for these lands for commercial purpose or permanent construction however Divisional Secretary cann allow cultivation by the local communities on annul permits. Mini Hydro power plant is a commercial project which cannot be done in this reservation. All the aggrieved people have already enjoying annual permit for collect the harvest and to grow some temporary cultivation. We have submitted the complaint to the Human Right Commission in Sri Lanka due to the breached of the fundamental right of the communities. 22nd of February learned counsel for the petitioners, learned state counsel and counsel for the 7th respondent. The Court observes that the counsel for the petitioners has not even established a prima facia case. Leave to proceed is thus, refused. After that Petitioner filed a fresh application regarding this issue bearing number SC FR 191/2017 on 31st of June 2017. In the 1st instance of this case Attorney General’s Department raised preliminary objection to the case & court directed parties to support the case connected with the Common Mini Hydro Power Case (SC FR 57/2017). Case will be called on 17th of October

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