Y.P.J. Warnakulasuriya v. Chandana Suriyabandara, director general, department of wildlife conservation and others CA/WRIT/120/2022 (pandu karanda tree case)

Abstract

This review analyses the Court of Appeal decision in Y.P.J. Warnakulasuriyav. Chandana Suriyabandara, Director General, Department of Wildlife Conservation and Others. The case revolved around the decision to uproot and relocate the ‘pandu karanda’ tree (Crudia zeylanica) to facilitate the construction of the Central Expressway between Kadawatha and Mirigama, while preserving the established right of way for the relevant portion of the expressway. Delivering its decision on 30th March 2022, the Court of Appeal of Sri Lanka held that there is no substantial basis for judicial review. The Court’s decision rests on the argument that the Petitioner has failed to successfully substantiate the claims made in the petition. In order to assess this legal pronouncement, this review adopts a black-letter method of research. The review concludes by arguing that the judgement effectively illustrates how judicial review can serve as a mechanism for evaluating decisions taken by administrative bodies that impact the environment and its resources. While the Court did not extensively invoke environmental principles in its decision, it did reference the principle of sustainable development and directive principles of state policy to emphasise the Court’s recognition of the need to balance environmental considerations with development initiatives.