@

 
   
   
   
   
   
HOME
NEWS  
NEWS FEATURES  
INTERVIEWS  
POLITICAL COLUMN  
THIS IS MY NATION  
MILITARY MATTERS  
EDITORIAL  
SPORTS  
CARTOON  
BUSINESS  
EYE - FEATURES  
LETTERS  
EVENTS  
SOUL - YOUTH MAG  
KIDS - NATION  
ENTERTAINMENT  
NATION WORLD  
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   

 

News  


 

Alienation of forest reserve
SC calls for written submissions
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.