The Centre for Environmental Justice (Guarantee) Limited and others filed a petition against the Director General of Wildlife Conservation and others concerning the village of Nakolagane and the Nakolagane Purana Raja Maha Viharaya, located in the Ehetuwewa Divisional Secretariat Division of Galgamuwa, Kurunegala, North Western Province. The Viharaya is a significant religious site, with several archaeological monuments declared in June 2008. The Respondent, Ven. Walathwawe Rahula Thera, claimed ownership of approximately 4,500 acres of land under a purported “sannasa,” while local elders maintained that historically the Viharaya possessed only around 35 acres. The disputed lands include settlements, forests, reservoir catchments, prime elephant habitats, archaeological sites, and multiple villages.

A site visit conducted on 27 August 2022 revealed that most villagers depended on agriculture and held legal deeds, yet the Respondent asserted ownership of the lands. Approximately 1,500 acres of forest land near the Viharaya were being cleared or had been cleared in violation of the law, portions of which were distributed to third parties. Ad hoc electric fences were installed to deter elephants, contravening the Electricity Act and Fauna and Flora Protection Ordinance. Forest clearing occurred near Palukadawala, Hunugallewa, Atharagalla, and other locations, affecting key elephant habitats and corridors. These activities facilitated commercial agriculture, granite quarries, soil excavation, unauthorized settlements and unsystematic fencing, resulting in human-elephant conflicts, soil erosion, groundwater depletion, and disruption of local agriculture.

The Petitioners highlighted that the Ehetuwewa and Galgamuwa Divisional Secretariat areas already experience significant human-elephant conflict. Illegal clearing and fencing obstructed seasonal elephant movements, deprived elephants of habitat, and forced them into villages, escalating crop destruction and threatening villagers’ safety. The Respondent had not obtained required approvals from the Commissioner of Buddhist Affairs, Central Environmental Authority, North Western Province Environmental Authority, or Director-General of Archaeology, as mandated under the National Environmental Act, North Western Province Environmental Statute, Antiquities Ordinance, Forest Ordinance, and Fauna and Flora Protection Ordinance. Complaints lodged by villagers and Petitioners to relevant authorities had not been addressed.

The Petitioners argued that the Respondents, as government organs, failed in their role as public guardians of natural resources and biodiversity, breaching the public trust doctrine and violating international environmental principles, including sustainable development, intergenerational equity, precautionary action, and public trust. These acts and omissions were described as arbitrary, illegal, procedurally flawed, and inconsistent with Sri Lanka’s Constitution, particularly Articles 12(1), 14(1)(g), 14(1)(h), 27(2)(a), 27(14), 28(c), 28(e), and 28(f), as well as Sri Lanka’s international obligations. The Petitioners prayed for leave to proceed, issuance of notices, declarations of fundamental rights violations, compensation under the Polluter-Pays Principle, prosecution of responsible parties, investigation of the purported sannasa, determination of lawful land ownership, nullification of unauthorized deeds and leases, removal of illegal electric fences, enforcement of environmental and wildlife laws, and any other relief deemed just and equitable.

During hearings on 10 November 2023, it was noted that objections filed by the State and the Respondent were not yet on the Court docket. Dr. Ravindranath Dabare clarified that Counter Affidavits were filed only for the Petitioners’ and Respondent’s Affidavits, while other Respondents had not filed objections. The Court directed the State to submit plans and maps authenticated by the Surveyor General under the Temple Lands Ordinance, indicating (i) the land described in the Petition, (ii) the land claimed under the purported sannasa, and (iii) any land shown in relevant maps under the Ordinance. Counsel for the 10th Respondent undertook not to clear the disputed land and agreed to remove any hazardous power sources under the supervision of authorized representatives; however, these directions were not complied with, prompting further judicial intervention.

In a landmark ruling on 15 February 2024, the Supreme Court mandated the urgent removal of electric fences erected by the Buddhist monk in Nakolagane to mitigate human-elephant conflict. Despite a previous order issued on 20 November 2023, the Respondent had not complied, prompting the Court to direct the Ceylon Electricity Board, the Department of Wildlife Conservation, and other authorities to act immediately. This marked the first instance in Sri Lanka where a court ordered the removal of an illegal electric fence.

The case involves multiple respondents, including government bodies and religious authorities, reflecting the complex interplay of environmental, cultural, and legal considerations. The disputed area holds immense ecological and cultural significance, and conflicting evidence regarding historical ownership fueled the legal dispute.