Denuding of forest reserves challenged

Minister given final date to file objections

The Court of Appeal on Monday gave a final date to Industry and Commerce Minister Rishad Bathiudeen to file objections in a case challenging the denuding of forest reserves adjoining the Wilpattu National Park (WNP) and establishing illegal settlements.

Justice Vijitha Malalgoda (President) and Justice Preethi Padman Soorasena asked counsel appearing for the minister to file objections before August 31, as the respondent minister had failed to do so for nearly a year.

Petitioner Centre for Environmental Justice (Guarantee) Limited (CEJ) cited Minister Bathiudeen as the seventh respondent in a petition filed against the illegal clearing of sensitive forests adjoining the WNP and the illegal setting up of a housing project under the pretext of resettling internally displaced people (IDPs). The CEJ alleged that the minister was involved in causing deforestation and establishing settlements under the pretext of resettling internally displaced people (IDPs).

The petitioner stated that 2,000 hectares of the forest complex adjoining Wilpattu National Park (Northern Sanctuary of Wilpattu National Park and Maraichukkaddi /Karadikkuli Reserved Forest Stands westward of Wilpattu blocks II and IV) and approximately 1,000 hectares of forest land of Madhu Road Sanctuary and Madhu Road Reserved Forest in Madhu, Periyamadu and Sannara area have been cleared, divided into plots, paved with roads and unauthorised settlements established causing irreparable damage to the entire environment, the eco system and wildlife habitats.

The petitioner stated the first to ninth respondents had failed take prompt and necessary action and failed to perform their statutory duties up to date.

CEJ also sought to quash the orders made by the respondents in respect of the illegally cleared reserved forests and setting up of the housing project and an order compelling the respondents to take action against the illegal removal of forest cover, and return the forest lands to the forest reserve and organise forest replanting programmes in terms of the provisions of the Forest Ordinance.

The CEJ cited the Conservator General of the Forest Conservation Department, the Central Environmental Authority (CEA), Director General of the Wildlife Department, Commissioner General of Lands, Commissioner General of the Archaeological Department, Mannar District Secretary, Rishad Bathiuddeen, Minister of Industry and Commerce, Minister of Environment and Mahaweli Development and the Attorney General as the respondents.

Counsel Raveendranath Dabare with Nilmal Wickramasinghe appeared for CEJ.

Counsel R. Abdeen appeared for the respondent Minister.