By Stanley
Samarasinghe
The Supreme Court reprimanded officers of all state
agencies who abused the law and gave permission to
construct a house in the Minneriya Forest Reserve,
to Ranjanee Pathirana, a relative of then United
National Front Government Deputy Minister of
Provincial Councils, Local Government and Home
Affairs Earl Gunasekera.The court, while hearing
an appeal against the judgment of the Court of
Appeal observed that state officers abused the laws
relating to forest conservation and given permission
to occupy a Forest Reserve in an extent of two acres
and two roads situated in the village of Minneriya
to construct a house and thereby deprived Natural
Resources to future generations.
The Bench comprised Chief Justice Asoka Nihal de
Silva and Justices Shiranee Tilakawardana and Saleem
Marsoof.
Initially, the Green Movement of Sri Lanka filed
a public interest litigation application before the
Court of Appeal on behalf of three villagers stating
that minister had abused the law and had granted
permission to his relative to construct a house, and
sought writ against respondents.
In their application petitioners stated that
minister had been instrumental in getting state
officers to abuse the law, in order to obtain forest
reserve land for his relative to construct a house.
The Secretary Ministry of Environment and Natural
Resources, Forest Conservator, Divisional Secretary
of Hingurakgoda, Chairman Hingurakgoda Pradeshiya
Sabha, National Water Supply and Drainage Board,
Ranjanee Pathirana of Patapilikanda, Minneriya, and
then Deputy Minister of Provincial Councils, Local
Government and Home Affairs Earl Gunasekera had been
made respondent in the application.
The Court of Appeal, after hearing the writ
application issued a writ directing respondents to
act according to the law.
Ranjanee Pathirana who constructed the house
appealed against the Court of Appeal judgment and
requested the Supreme Court to quash the writ order.
In the appeal before the Supreme Court, the Counsel
for the Green Movement submitted that the land
belong to a forest reserve which is a designated
natural resource to protect the environment of the
country, it is vested under the control of the
Forest Conservator.
He further submitted that the seventh respondent
is involved in clearing the Forest Reserve with the
intention to construct a palatial bungalow there as
a holiday home.
As part of this construction by Ranjanee Pathirana
the minister excavated a road way through the forest
which is threatening the water tank in the vicinity.
Counsel for respondents argued that particular
land did not belong to the Forest Reserve and it is
state land, which can be given to citizens and
according to the law, respondents obtained
permission to construct the house.
The court gave both parties one month time to file
written submission. M.U.A. Ali Sabri with Nuwan
Bopage appeared for the Green Movement.
Sanjeewa Jayawardana with Rajiv Amarasuriya appeared
for respondents. |