The Centre for Environmental Justice, Mr.Withanage Don Hemantha Ranjith Sisira Kumara, Senior Advisor,  Pathragoda Kankanamge Dilena, Executive Director of Centre for Environmental Justice, and Herath Mudiyanselage Ranjith Wimaladharma Herath, Chairman , Sapugaskanda Surakeeme Parisara Sanvidhanaya , Wadakada filed a fundamental Rights violation case, bearing number SCFR 127/2024.

Over a period of years, Grama Niladhari Divisions of Habarawa,  wadakada within the Divisional Secretariat Division of Polgahawela in Kurunegala District  has been heavily exploited by metal quarrying and continues to be heavily vulnerable due to such unregulated activities, thereby causing pollution or degradation of the environment, and endangering the lives and livelihoods of local communities.

This local community, primarily dependent on farming as the dominant source of livelihood and this environmental degradation has severely impacted and is now facing acute water shortages due to the destruction of water sources. Additionally, the incessant noise and dust from quarry operations have rendered local produce almost unusable. Further, the dust of the explosions of the metal quarry has mixed with the water resources of the area, and that water contamination has become a critical issue that the local communities are faced with, and there is a high possibility of causing serious lung diseases and health issues from inhaling the dust by the residents in the said affected area.

4th petitioner,  the chairman of the Sapugaskanda Surakime Sanvidhanaya, Wadakada , was assaulted by a group after participating in the investigation of the impact of the quarries in the area and he was seriously injured. Those living within the Wadakada, Habarawa  area have a right to legitimately expect that the Respondents, who are agents of the State to fulfill their respective statutory and regulatory duties in monitoring and regulating the metal quarrying activities carried out within the Wadakada, Habarawa area and not to act in breach of their duties.

Hence, petitioners respectfully pray that to conduct proper/ thorough investigations and to arrest the parties those who are involved in the brutal attack on the 4th Petitioner and to expedite the ongoing investigations and ensure the right to healthy environment of the petitioners and cancel all existing licenses issued by the  Respondent/Government authorities and not to issue any license to any person until the final determination of this matter by applying the Precautionary Principle.

On the 10th of March 2025, the petitioners demonstrated enough prima facie evidence to suggest that their constitutional rights under Article 12(1) and Article 14(1)(g) and (h) have been infringed upon. Below are the key points of the order:

1. Prima Facie Infringement of Constitutional Provisions:

The court finds that the petitioners have met the threshold to claim an infringement under Article 12(1). The impact of the impugned mining activities on the petitioners’ habitat also justifies proceeding under Article 14(1)(g) and (h). Hence, based on the findings, the court grants leave to proceed against the respondents in relation to both Article 12(1) and Article 14(1) concerns.

1. Environmental Impact Assessment (EIA) Direction:

The court directs the Director General of the Central Environmental Authority (2A Respondent) to conduct a comprehensive Environmental Impact Assessment (EIA) on the mining activities, starting from their inception to the present. The director general is to personally supervise this assessment and may enlist assistance from other state respondents. A report summarizing the assessment is to be submitted to the court within two months.