Watte Gedara Wijebanda v. conservator general of forests and others SC(FR) application no.118/2004[2009] 1 SRI LR 337

Abstract

This review analyses the Supreme Court decision in Watte Gedara Wijebanda v. Conservator General of Forest and others filed against therefusal of a permit to mine a quarry of silica quartz deposit at Kiriwalhena,an environmentally sensitive area in the Grama Sevaka Division of Polaththawa. Delivering its judgement on 7th September 2005, the Supreme Court of Sri Lanka held that the authorities vested with powers to issuepermits and licenses have acted arbitrarily, negligently, and in collusiongranted a mining license to the 6th Respondent which infringed the Petitioner’s right to equality. The Court further ordered the 6th Respondent to bear charges of restoring the damaged environment. The review employed the desk research approach in analysing the selected judicial pronouncement. The case has made a commendable contribution to the environmental scholarship in Sri Lanka through progressive recognition, interpretation, and application of specific environmental principles alongwith the Constitutional standards. Thus, it is reasonable to argue that thecase has continued the approach adopted in the landmark Bulankulama v.Secretary, Ministry of Industrial Development case with the overarching objective of recognising environmental protection as a fundamental duty of everyone.