AG gives undertaking not to construct new roads in Sinharaja Forest

By Lakmal Sooriyagoda 

The Attorney General yesterday gave an undertaking before Court of Appeal not to construct new roads and repair existing roads within the Sinharaja Forest Reserve.

The Attorney General gave this undertaking when a writ petition filed challenging construction of reservoirs and roads in Sinharaja Forest was taken up before Court of Appeal.

State Counsel Navodi de Zoysa appearing for the Attorney General informed court that the authorities would not construct new roads and repair any existing road network within the Sinharaja Forest.

Meanwhile, the court directed the authorities to submit a report pertaining to intended construction of a reservoir within the state forest lands in the Sinharaja Forest Reserve.
Court of Appeal two-judge-bench comprising Justice Sobhitha Rajakaruna and Justice Dhammika Ganepola fixed the petition for support on September 6.

The Centre for Environmental Justice (CEJ) and its Executive Director Hemantha Withanage filed this petition naming Conservator General of Forests, Central Environmental Authority, Minister of Environment, Minister of Wildlife and Forest Conservation, Minister of Irrigation and Attorney General as respondents.

The Petitioners stated that recently it was reported in the media regarding an alleged plan to construct a reservoir covering a landmass of five hectares within the Sinharaja Forest. The proposed project would move water from Gin and Nilawala rivers to Giruwapattuwa and will provide water to Tangalle, Beliatte, Weeraketiya, Walasmulla, Dambarella and other areas.

The petitioners state that construction of reservoirs at Madugate and Kotapola and construction of two tunnels at Madugata to Kotapola and Kotapola to Ampanagala and Neluwa–Lankagama road Lankagama–Deniyaya road will negatively affect the biodiversity of the already fragile eco system while violating the existing laws. Petitioners state that it was reported on or around August 2020 that certain parties had commenced construction and expanding of an 18 km gravel road from Neluwa to Deniyaya running through the Sinharaja Forest Reserve and the buffer zone.  

Accordingly, an 8 foot wide road that spans 18 kilometres will be widened to 15 feet and will be developed through the intended development project. Moreover, it has been identified that 1,320 metres of this road go through the land that falls within the Sinharaja Forest Reserve and through several subsidiaries of the Gin Ganga. 
Senior Counsel Ravindranath Dabare appeared for the petitioners.