The case of SC/FR 346/2024 case concerns a large-scale land development project on a steep, hilly area in Nawimana, Matara. This is a significant public interest litigation case focusing on environmental damage, the failure of government authorities to enforce the law, and the violation of citizens' rights.The petitioners, including the Centre for Environmental Justice and two others, state that a private developer has been clearing and excavating approximately 8 acres of land, causing severe environmental harm. They argue that despite clear evidence of danger and numerous public complaints, the relevant state authorities have failed to stop the project, allowing the situation to worsen.The key issues of the case connect to the violation of the petitioners' fundamental rights due to the state's inaction, the severe ecological and safety risks caused by the development, and the application of core environmental law principles.
Ecologically, the excavation has caused irreversible harm. This includes severe soil erosion, a high risk of landslides that endanger lives and homes and the pollution of local water sources like streams and wells that the community relies on for drinking and farming. The project has also clogged drainage systems, causing flooding and has buried natural springs, destroying vital parts of the local ecosystem.The case also seeks to enforce several foundational environmental law principles. The Precautionary Principle is invoked, arguing that the state must halt the project to prevent serious harm, especially since expert reports from the National Building Research Organization (NBRO) have already confirmed the risks. The Doctrine of Public Trust is cited, positioning the state as a guardian of natural resources for the public, a duty which the petitioners allege the respondents have neglected by allowing the destruction. The Polluter Pays Principle is also relevant, as the petitioners seek to compel the developers to pay for the environmental damage they have caused.
The petitioners have filed this application against the Central Environmental Authority, the local Divisional Secretary, the Matara Pradeshiya Sabha, the Inspector General of Police, the private landowner, the development company and the Attorney General.