Court orders to open new road for public

Wasantha RAMANAYAKE

The Supreme Court yesterday granted permission to a group of persons who sought to open the newly constructed road within the Wilpattu National Park for public on the basis that it would facilitate the resettlement of the displaced in the Mannar district.

Counsel J.C. Weliamuna seeking intervention for thirteen persons argued that his clients were permanently settled in Mannar before they were forcibly evicted by the LTTE before 1990. He submitted that the road in issue through the park between Puttlam and Mannar has been in existence since time immemorial.

He argued that it had been borne out by certain colonial and post colonial era documents. He submitted that the Government Gazette dated February 25, 1938 referred to the road as "minor road from Puttlam to Mannar," and the Motor Traffic Act of 1951 referred it as the Puttlam -Mannar Road. He submitted that the respondents should take suitable preventive measures without abruptly stopping the ongoing development activities in the area. He also submitted that the opening of the roads for public would reduce the distance between the two towns by half. He argued that this would facilitate the resettlement of the displaced numbering 380,000.

Counsel Ruana Rajapakshe appearing for petitioners moved to support the application for two interim reliefs, ie seeking a court order on first respondent Wildlife Conservation Department Director General Ananda Wijesooriya to prohibit general traffic other than that of security forces and wildlife officials along the newly constructed roads within the Wilpattu National Park and another order directing the respondents to refrain from making any further construction within the park and within the one kilometer of the park boundary, on the next date.

The court accordingly fixed the application for support for the interim reliefs for September 7.

The Court also directed the Deputy Solicitor General (DSG) Bimba Thilakaratne appearing for the respondents to get instructions in connection with two interim reliefs sought by the petitioners. DSG Thilakaratne submitted that no further constructions within the park had been carried out by the respondents since the institution of the rights application.

The Bench comprised Justice Nimal Gamini Amaratunga and Justice Chandra Ekanayake.

Thirteen persons including Peer Mohamed Mohamed Aslamector of Mt. Lavinia and Meera Mohideen Musthfa, also sought court directive to the respondents formulate preventive and regulatory measures to minimize the environment damages in consultation with the stakeholders.

Petitioners, Environment Foundation Limited, Wildlife and Nature Protection Society and Wilderness and Protected Areas Foundation cited Wildlife Conservation Department Director General Ananda Wijesooriya, Commander of the Sri Lanka Navy, Sri Lanka Tourism Development Authority, the Resettlement Minister, the Environment Minister, Archeology Director General Dr Senerath Dissanayake and the Attorney General as respondents.

The petitioners stated that 35 km long road within the park was opened to public on January 26, in violation of the Fauna and Flora Protection Ordinance. They stated that another road being constructed along the coastline and certain areas within the park have been fenced. They pointed out that these activities threaten the wildlife and biodiversity in the country's largest wildlife park.

The petitioners also stated that the park has several archaeologically important sites and those places too are being threatened by these activities.

They sought the court to declare that the activities of respondents are in violation of the rights of the petitioners as well as public in general.

Ruana Rajapakshe instructed by Wardhani Karunaratne appeared for the petitioner.

Deputy Solicitor General Bimba Thilakaratne appeared for the respondents.

Counsel J.C. Weliamuna appeared for intervening petitioners.

The application for the interim relief will be supported September 7.