08/05/2020

In Northern sanctuary of Wilpattu national park and in the Marachukkaddi or Karadikkuli Reserved Forest Stands west ward of Wilpattu blocks II and IV has been cleared, divided into plots, paved roads and has established unauthorized settlements making irreparable damage to the whole environment and eco system and wildlife habitats.

Wilpattu case was filed in 2015 against of Conservator of Forest, Director of Wildlife Department, Commissioner General of Land and few others and Attorney General for allowing illegal resettlements in a forest reserved area. In this matter, a special focus was on the absence of provisions for respondents to release the land within a national park & reserved for forest areas.

Former Minister Rishard Bathiuddeen and others tried to publish a new gazette declaring the remaining forest area as a forest reservation excluding the areas where people have been resettled on the clearing forest adjoining Wilpattu National park. The court allowed to rescind/withdraw the said Gazette of extra ordinary 1779/15 of 10th October 2012. Petitioner totally objected to this move.

This case was taken before Hon. Justice Samayawardena on 23^rd January 2020 and it was transferred to Hon. Justice Janak De Silva and Hon. Justice Bandula Karunarathna. This case was taken with another similar case (CA WRT 126/14) on 12^th February 2020 for further hearing and all the Respondents concluded their oral submissions by 19^th February 2020.

The Court issues an order in the nature of Mandamus ordering the 1st Respondent (Conservator General, Department of Forest Conservation) to take action to implement a tree planting program under and in terms of the provisions of the Forest Ordinance, No. 16 of 1907 as amended, in any area equivalent to the reserve forest area used for resettlement of IDPs. In addition, the Court issued an ancillary or consequential order directing the 7^th Respondent, Rishad Badiuddeen to bear the full cost of such a tree planting program applying the polluter pays principle since he was instrumental in using the reserved forest land for the resettlement of the IDPs according to the evidence presented before the Court. The Conservator General of the Department of Forest Conservation (1st Respondent) is directed to calculate the costs of this tree planting program and inform the 7th Respondent of this cost and the details of the account to which the said sum should be paid by him within two months of the date of this judgment. The 7^th Respondent shall pay the said sum within one month of such notification.(END) 

Wilpatthu Judgement C.A. WRIT 291/2015