Supreme Court orders replantation near Nakolagane Viharaya

Colombo, May 6 (Daily Mirror) - The Supreme Court today delivered a judgment ordering the Director General of Wildlife Conservation to initiate a replantation programme to restore cleared forest areas in the immediate vicinity of the Nakolagane Purana Raja Maha Viharaya in Ehetuwewa, in the Kurunegala District.

The court further directed the authorities to institute legal proceedings to set aside any mortgage, sale or alienation of temple property carried out in contravention of the provisions of the Buddhist Temporalities Ordinance, and to recover possession of such property for the benefit of the temple.

A three-judge bench of the Supreme Court, comprising Justices Janak De Silva, Priyantha Fernando and Sobhitha Rajakaruna, delivered this judgment pursuant to a Fundamental Rights petition filed by the Centre for Environmental Justice (CEJ). 

The petition alleged that approximately 1,500 acres of forest in the vicinity of the Nakolagane Purana Rajamaha Viharaya were being illegally cleared by the Viharadhipathi of the temple.
The petitioners further alleged that the Chief Incumbent claimed approximately 4,500 acres of land as having been granted to the temple under a Sannasa, and asserted that he was therefore entitled to possess and use the land at his discretion.

Meanwhile, the Supreme Court declared that the omissions of the Director General of Wildlife Conservation, the Central Environmental Authority, the Commissioner of Buddhist Affairs and the North Western Provincial Environmental Authority had resulted in the infringement of the petitioners’ fundamental right to environmental protection guaranteed under Article 12(1) of the Constitution.
The Director General of Wildlife Conservation was also directed to recommend to the relevant Minister following adequate consultation with local village communities, the declaration of the areas identified as “forest” and the 55-hectare area identified as “paddy and chena,” as depicted in the Surveyor General’s map annexed to the judgment, as a Sanctuary or Managed Elephant Reserve.

According to the petitioners, the land in question includes forest areas that are being cleared as a result of the Viharadhipathi allegedly distributing temple lands among various influential individuals and companies. They further claimed that forests were being destroyed using backhoe machines for commercial agriculture, the establishment of granite quarries and soil excavation.
The petitioners also alleged that unauthorised electric fences had been erected around these commercial operations, leading to a spike in human-elephant conflict, as parts of the land constitute a key elephant home range. These fences, they said, disrupt elephant migration routes, forcing elephants to move through villages and cultivated lands during seasonal movements, thereby increasing crop raids and conflict with villagers.

Dr. Ravindranath Dabare with Savanthi Ponnamperuma appeared for the petitioners.