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Environmental Foundation Ltd. And Others vs. Mahawali Authority Of Sri Lanka And Others

País/Territorio
Sri Lanka
Tipo de la corte
Nacional - corte superior
Fecha
Jul 17, 2010
Fuente
UNEP, InforMEA
Nombre del tribunal
Supreme Court
Sede de la corte
Colombo
Juez
J.A.N. de Silva, Marsoof, Ratnayake
Número de referencia
[2010] LKSC 1
Idioma
Inglés
Materia
Especies silvestres y ecosistemas, Tierra y suelos
Palabra clave
Manejo de tierras Zona protegida
Resumen

In this case, the plaintiff was an environmental organisation challenging the permit for the construction of buildings which would have been located within a buffer zone of a protected area:   the Victoria Randenigala- Rantambe Sanctuary.

The plaintiff challenged the permit in front of the Supreme Court on the basis that Section 23 BB (1) of Part IV (c) of the National Environmental Act No.4 7 of 1980 provides that constructions activities conducted within the buffer zone needs to be submitted to an initial environmental impact assessment before being submitted to the approving agency, which did not happen in the present case. Consequently, the plaintiff alleged that the decision to alienate the land and to grant the permit to construct was arbitrary.

The Supreme Court held that the decision to alienate the land and to grant the permission was not in line with the right to equality and equal protection of the law as provided by Article 12(1) of the Constitution and therefore requested the authorities to cancel all the permits that had been taken in the buffer zone, compensate the respondent and follow the legal procedure laid down under Part IV C of the National Environmental Act No.4 7 of 1980 before allocating any new land parcels.

Texto completo
Environmental Foundation Ltd.pdf
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