This case was filed by the Centre for Environmental Justice (CEJ) on 17.10.2023 seeking to formulate and recommend a comprehensive land use scheme and halt the illegal construction activities being carried out in natural places. This subject matter arose concerning construction brewing over the building of a temple atop Bathalegala was christened as “Bible Rock" The Bathalegala mountain, is considered an environmentally sensitive area rising to a height of 798 m above sea level, is situated near Aranayake in Kegalle District, Sabaragamuwa Province. Hence, the construction of a dagoba on top of the rock could potentially disrupt the delicate balance of the ecosystem, leading to irreversible damage to the unique flora and fauna that call this area home. The construction activities being carried out atop Bible Rock raise concerns about the failure to adhere to Sri Lanka's environmental laws and regulations. Proper environmental assessments, as required by law, should be conducted before initiating any construction projects in ecologically sensitive areas like Bible Rock. Section 15 and 16 of the National Environment Act (NEA) No. 47 of 1980 as amended unequivocally mandates the Central Environmental Authority, in consultation with the Environmental Council and with the assistance of the Minister in charge of Lands, to formulate and recommend a Land Use Scheme.
Moreover, the existence of a large number of institutions taking decisions on land use, the complex legal system not conducive to addressing policy matters and the lack of an integrated approach to land use have highlighted the need for a land use policy.
Petitioners in this petition expect to direct the Central Environmental Authority and the Minister of Lands to formulate and recommend a comprehensive Land Use Scheme. To halt the constructions of the said stupa, atop the Bible Rock. To halt the constructions of the said stupa, atop the Bible Rock. Respondents to act under Section 10 (i) (iv) of the National Environment Act (NEA) and to stay any constructions on hilltops which are prone to soil erosion, constitute catchment areas or other environmentally sensitive areas until a Land Use Scheme is formulated and implemented. To quash any permits and licenses issued for the construction of the said stupa atop the Bible Rock.
Latest Update of this case is fixed to be supported on 11th March 2024. Respondents in this case are; the Central Environmental Authority, Director General of Central Environmental Authority, Minister of Tourism and Lands, Minister of Wildlife and Forest Conservation, Director General of Wildlife Conservation, Conservator General of Forest, Divisional Secretary of Divisional Secretariat Aranayake, Secretary of Aranayake Pradeshiya Sabha, Ven. Saddharma Keerthi Sri Hungampola Indrathana Siriratanabhidhana Thero, Commissioner of Buddhist Affairs and Hon. Attorney General.