The petitioners, the Wildlife and Nature Protection Society and the Centre for Environmental Justice, filed a writ petition before the Court of Appeal challenging the large-scale deforestation and unlawful land alienation taking place within the Bogahapelessa Forest Reserve in Soragune, situated in the Haldummulla Division of the Uva Province. The Bogahapelessa Forest Reserve, declared as a Reserved Forest under Gazette No. 1824/20 of 22 August 2013, covers approximately 17,769 hectares and forms a vital part of the upper catchment area of the Weli Oya. The petitioners state that Sri Lanka is home to a diverse range of habitats that support unique flora and fauna, including many endemic species that act as biological indicators, and therefore, any degradation of forest ecosystems such as Bogahapelessa poses a serious threat to biodiversity and ecological balance.

The petitioners allege that extensive deforestation has been reported in the Bogahapelessa area, where forest lands have been illegally parceled out to businessmen and politicians under the guise of being part of the Nindagama of the Soragune Kuda Katharagama Devalaya. They point out that a serious controversy has arisen concerning the extent and boundaries of the purported Nindagama lands, claimed to cover about 6,500 acres. Due to the lack of proper demarcation between the Devalaya’s Nindagama lands and the forest reserve, vast tracts of forest have been cleared and alienated. According to site inspections, forest lands have been distributed for private cultivation and development projects without transparency, resulting in widespread deforestation, unauthorized occupation, and the erection of private fences. The petitioners therefore urge the Court to direct the relevant authorities to investigate the ownership of the purported Nindagama lands and to properly demarcate the boundaries of the forest reserve to prevent further encroachment and destruction.

The petitioners further assert that the deforestation occurring in the upper catchment area has gravely affected the Weli Oya Irrigation Scheme, which directly benefits over 5,000 families and indirectly supports over 30,000 people. The clearing of over 2,000 acres of forest for rubber and cinnamon cultivation has led to soil erosion, reservoir sedimentation, and increased landslide risks, as observed by the National Building Research Organization. The local communities who depend on the forest for non-timber resources now face severe environmental degradation and economic hardship. Moreover, the destruction of forest corridors linking Udawalawe and Soragune has intensified the human-elephant conflict. The construction of roads and fences has obstructed traditional elephant migratory routes, forcing elephants into villages, damaging crops, and endangering both human lives and wildlife. The petitioners warn that continued loss of forest cover will not only escalate this conflict but also harm Sri Lanka’s tourism industry, which relies heavily on the presence of healthy elephant populations and intact forest ecosystems.

The petitioners contend that the respondents have failed to carry out their statutory and regulatory duties under the Forest Conservation Ordinance, the National Environmental Act (NEA) and the Fauna and Flora Protection Ordinance (FFPO). They allege that no proper Environmental Impact Assessments (EIAs) were conducted for large-scale land clearances exceeding the legal thresholds prescribed under the NEA and that the respondents’ failure to take action despite repeated complaints has resulted in the continued degradation of public forest lands. Such inaction, according to the petitioners, constitutes a violation of the Public Trust Doctrine, which obligates the State to protect and conserve natural resources for the benefit of present and future generations.

Accordingly, the petitioners sought multiple writs, including a Writ of Mandamus directing the respondents to demarcate the boundaries of the Bogahapelessa Forest Reserve and the purported Nindagama lands, to investigate the authenticity of land documents, to nullify illegal alienations made in violation of the Buddhist Temporalities Ordinance, and to initiate legal action against violators under the Forest Ordinance, FFPO and NEA. They further requested that public officials who facilitated or neglected to prevent the illegal activities be held accountable and that compensation be awarded for environmental damage in accordance with the Polluter Pays Principle. The petitioners emphasized the constitutional obligation of the State to act as a trustee of natural resources and urged the Court to intervene in order to protect the Bogahapelessa Forest and uphold the principles of sustainable development, intergenerational equity, and environmental justice.

Upon hearing the case, the Court of Appeal, comprising Justices Nissanka Bandula Karunaratne and B. Sasi Mahendran, issued an interim order directing the Conservator General of Forests and the Inspector General of Police to immediately halt deforestation within the reserve.