The Supreme Court issued an interim injunction order yesterday (2), suspending the implementation of the Court of Appeal judgement which ordered former Minister Rishard Bathiudeen to reforest the cleared forest areas
in the Maraichchukaddi and Karaddikuli forest reserve areas near the Wilpattuwa sanctuary.
This order was issued by allowing the hearing of the appeal petition filed by the former Minister Rishard Bathiudeen challenging the relevant Appeal Court decision. This Interim Order will remain in force until the hearing of the petition is over. The hearing of the petition was scheduled for February 28, 2024.
This was stated by Supreme Court Judges Vijith Malalgoda, Gamini Amarasekara and Priyantha Fernando.
When the petition was taken up for hearing, President’s Counsel Faiz Mustapha, who appeared before the court on behalf of the petitioner, former Minister Rishard Bathiudeen presented the facts and said that these cleared lands were inhabited and after the original residents were kicked out by the LTTE, the lands became jungle lands. He stated further that according to the decision taken by the Presidential Task Force for the resettlement of the Muslim people, the lands were cleared.
He also stated that this Court of Appeal decision was given by misinterpreting a legal principle and even though this decision was given according to the law principle that the ‘corrupt person
must pay compensation’ if that principle is applied, the cleared area should be reforested.
However, the President’s Counsel pointed out that the decision of the Court of Appeal had ordered that afforestation be done in a similar area to the cleared area and requested Court to invalidate the decision as it is against the law. Attorney Dr. Ravindranath Dabare, who appeared for the respondent Center for Environmental Justice, stated that the cleared area is reserved forest area and there is a clear difference between forest and reserved forest areas.
Here, the Bench questioned that if this area is a reserved forest, how can the area be mentioned as the address in the birth certificates of the original residents. Also, the Bench focused attention on the fact that the area in question had been declared a forest reserve in 2012. After considering the facts, the Court issued this order.
President’s Counsel Faiz Mustapha appeared for the petitioner-respondent. Attorneys Ravindranath Dabare and Nilmal Wickremasinghe appeared for the respondent Centre for Environmental Justice. Deputy Solicitor General Manohari Jayasinghe represented the Attorney General.
Nelka Medagedera