The case of CA WRT 436/2020 concerns the legal challenge against the decision of the Sri Lankan government, via Circular MWFC/1/2020, to rescind earlier protective circulars and transfer the management and decision-making authority over “Other State Forests" from the Forest Department to Divisional and District Secretaries.  The case is filed on 2020. This is a significant public interest litigation in the domain of environmental law, focusing on forest conservation, statutory compliance, and the fundamental duties of the state.The petitioners, including the Centre for Environmental Justice and two others, state that “Other State Forests" are not residual or unused lands but vital forest ecosystems covering over 500,000 hectares approximately 25% of Sri Lanka’s forest cover which were formally brought under the protection of the Forest Department through Circular 05/2001 and the Forest (Amendment) Act No. 65 of 2009.

The key issues raised include the arbitrary and unlawful nature of the new circular, which petitioners argue is contrary to the Forest Ordinance and existing environmental safeguards. They emphasize the critical ecological role of these forests as connectivity corridors between protected areas, supporting biodiversity including endemic species and mitigating human-elephant conflicts. The petitioners also highlight the potential for irreversible environmental harm, including habitat fragmentation, loss of wildlife corridors and adverse effects on rainfall patterns and water cycles, which would undermine Sri Lanka’s sustainable development goals and the national policy of increasing forest cover to 30%.

On legal and constitutional grounds, the petitioners invoke the Doctrine of Public Trust, arguing that the state and its agencies are guardians of natural resources for present and future generations. They also cite violations of Directive Principles of State Policy under Article 27(14) of the Constitution, which obligates the state to protect and preserve the environment, and the Fundamental Duties of citizens under Article 28(f). Additionally, the petitioners reference international environmental principles such as Sustainable Development, Inter-Generational Equity, and the Precautionary Principle which have been recognized as part of Sri Lankan law through judicial precedent.

The case, filed against the Secretary to the Ministry of Wildlife and Forest Conservation and four other State respondents, was later withdrawn following a Cabinet decision dated 5th July 2023, which reaffirmed and reinstated Circulars No. 5/2001 and 2/2006, thereby rectifying the legal and procedural inconsistencies introduced by Circular No. 1/2020