The verdict in the case filed by the Environmental Justice Center against the lease of the temple’s lands and a large forest area belonging to the government to a private company for mango cultivation, claiming that the ancient Nakolagane Rajamaha Viharaya is a nuisance, was delivered yesterday.
The case, which was filed with the Chief Incumbent of the Nakolagane Rajamaha Viharaya, Venerable Rahula Thero, as defendants, confirmed before the court that the destruction of government forests will lead to the loss of the traditional homeland of elephants and elephants and will thus increase the human-elephant conflict in the area. The construction of electric tanks in the area by the companies that leased the Nakolagane forest area has disrupted the movement patterns of elephants and elephants living in the Palukadawala Tank Reserve.
Considering this situation, the court ordered the Director General of Wildlife to designate a 55-hectare forest and paddy area as an Elephant Management Reserve or Conservation Zone as per the plans of the Survey Department. In addition, the Hon’ble Court made the following orders in relation to this case.
Land Misuse and Legal Action.
The Commissioner of Buddhist Affairs has been ordered to take legal action against the relevant incumbent of the temple under the Vihara Devalagam Act and to return the lands that were disposed of to the order.
Establishment of a special unit.
The Attorney General has been instructed to establish a special unit under the leadership of a Senior Deputy Solicitor General to monitor the implementation of this judgment.
Declaration of an Elephant Management Reserve.
The Director General of Wildlife has been ordered to designate a 55-hectare forest and paddy area as an elephant management reserve or conservation zone, as per the plans of the Survey Department.
Removal of illegal constructions.
The Department of Wildlife has been authorized to immediately remove illegal elephant fences and other constructions in the area.
Reforestation program.
The Director General of Wildlife has been instructed to take steps to reforest the destroyed forest area at the personal expense of the relevant temple incumbent.
Criminal investigations.
The petitioners have been given one month to file complaints with the police regarding the crimes mentioned in the case, and the Inspector General of Police has been ordered to immediately investigate the complaints and punish the offenders according to law.
Public apology and notifications.
The Director General of Wildlife, the Central Environmental Authority and the North Western Provincial Environmental Authority should publicly express their regret for their dereliction of duty by publishing newspaper advertisements in all three languages. Also, the steps being taken to prevent such incidents from happening again should be informed to the public through those advertisements.
The judgment was delivered by a bench of Supreme Court Justices Janak de Silva, Priyantha Fernando and Dr. Sobitha Rajakaruna. A bench of lawyers led by Advocate Ravindranath Dabare appeared for the petitioners.