Farmers’ case opposing electric fence goes to SC

An electric fence in the southern farming village of Tanalmalwila has prompted farmers to go to the Supreme Court with a fundamental rights petition.

The Supreme Court granted leave to proceed in the FR petition filed by farmers of Tanamalwila in Moneragala District against the erection of an electric fence bordering the Dahaiygala sanctuary. They say the fence will hinder their cultivation

The petitioners K.L. Siripala, W.K.K.Ratnayake, J.A. Ranaweera Jayakody and Parana gamage Ranmenike all of Tanamalwila cited Udeni Wickramasinghe Acting Director General Wildlife Conservation, H.M.P. Hetisekera, Conservator General of Forests, S.M. Chandrasena, Minister of Agrarian Services and Wildlife, J.J. Ratnasiri, District Secretary, R.M. Dayananda Ratnayake, Divisional Secretary, Upali Jayasekera Divisional Secretary, P.G. Swarnalatha Grama Niladhari, Manjula Tillakasekera, Manager World Vision Lanka and the Attorney General as respondents.

The petitioners in their application stated that they are paddy and chena cultivatotrs for several years, on lands granted to them by the then Presidents of the country under the Land Development Ordinance. They said that in 2009 several officials including the 6th and 7th respondents conducted a field inspection to identify the northern and southern boundaries of a route along which the electric fence was proposed to be constructed covering the Dahaiygala sanctuary. The

The petitioners stated that besides paddy they grow several varieties of fruits and vegetables to add to their income and giving them alternate land only would not suffice as it will take some time till they get an income from the produce grown on that land

petitioners stated that as they were given the assurance that their lands would not be affected in the process they set about their daily chores thereafter.

The petitioners said that in 2010 a gravel road was constructed from Boheena mountain up to Aluthwela for the purpose of erecting the said electric fence thus including their cultivated lands. They said that they were made to understand that this was carried out upon an order of Court.

They claimed that three nongovernmental organizations had complained that a group of persons under a minister’s direction commenced felling trees within the Udawalawe National Park and the Dahaiyagala sanctuary with the purpose of giving land to the minister’s supporters. This was done in complete contravention of the provisions of the Fauna and Flora Ordinance. The petitioners said that the Court had issued a directive to the Moneragala District Secretary to facilitate a process to provide alternate land or compensation to the persons in occupation.

The petitioners stated that besides paddy they grow several varieties of fruits and vegetables to add to their income and giving them alternate land only would not suffice as it will take some time till they get an income from the produce grown on that land.

The Bench comprising Justices Gamini Amaratunge, Sathiya Hettige and Eva Wanasundara granted leave to proceed and directed Deputy Solicitor General Bimba Thilakaratna to give necessary instructions to the relevant authorities to allow the status quo to remain till the final determination of this application.

Shyamal Collure with Chandrasiri Wijesinghe and Bandara Ekanayake appeared for the petitioners.