The Supreme Court has delivered a landmark judgment, ruling that the authorities responsible for wildlife, environmental protection, and Buddhist affairs failed to fulfil their constitutional duties in relation to the illegal clearing of the forest system surrounding the ancient Nakolagane Raja Maha Viharaya.
The Court further ordered that the incumbent monk of the temple must bear the cost of replanting the forest in the areas that were cleared.
Delivering the judgment, Justice Janak de Silva emphasised that the Director General of Wildlife Conservation, the Central Environmental Authority, and the North Western Provincial Environmental Authority were responsible for violating the fundamental right of citizens to a healthy environment.
This fundamental rights petition (S.C.F.R. No. 351/2022) was filed by the Centre for Environmental Justice (CEJ) and its officials. The petition alleged that the incumbent of the ancient Nakolagane Raja Maha Viharaya, Venerable Walathwewe Rahula Thero (the 10th respondent), had illegally cleared more than 1,500 acres of forest land claimed to belong to the Viharaya. The land was allegedly cleared for commercial cultivation and other projects and subsequently transferred to various companies.
Venerable Rahula Thero argued that the land was the private property of the Viharaya under a “sannasak” (royal grant), and that he therefore had the right to use it at his discretion. However, the Court found that there was no evidence that the sannasak had been properly registered and ruled that the manner in which the land was used was contrary to Buddhist principles.
The bench, comprising Justices Janak de Silva, Priyantha Fernando, and Dr Sobitha Rajakaruna, issued the following orders:
- The Director General of Wildlife Conservation, the Central Environmental Authority, and the Wayamba (North Western) Environmental Authority must issue a public apology within two months by publishing advertisements in national newspapers in all three official languages.
- The Department of Wildlife Conservation must take steps to restore the destroyed forest areas and the feeder areas of the Palukadawala Wewa, with the cost to be borne by Venerable Walathwewe Rahula Thero.
- Steps must be taken to declare the 55 hectares of disputed forest and cultivated land as either a wildlife sanctuary or an elephant management zone.
- The Commissioner of Buddhist Affairs was directed to initiate legal action to recover lands sold or leased in violation of the Vihara Devalagam Act.
- The Inspector General of Police was ordered to immediately investigate offences related to the incident and to institute legal proceedings against those responsible.
Through this judgment, the Supreme Court reaffirmed that environmental protection is a constitutional obligation of both citizens and public officials, and that no individual has the right to destroy nature, even on privately owned land.
(Edited and translated version of an article by Tharidu Uduwaragedara in the Satahan website.)