Sunday Oct 13, 2024
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In a crucial legal victory for the conservation of Sri Lanka’s natural heritage, the Court of Appeal of Sri Lanka has issued an Interim order on 4 September, directing the Department of Wildlife Conservation to act in accordance with the law and assume control of lands where the challenged development activities are underway within the Wilpattu National Park.
The Wilpattu National Park, the oldest and largest national park in Sri Lanka, consists of five blocks and is renowned for its unique biodiversity and archaeological significance. It was declared a Ramsar wetland in 2013 and it became the 6th Ramsar Wetland in Sri Lanka.
It came to the attention of EFL that there is an illegal human settlement inside the boundaries of the Block V of Wilpattu National Park. The Department of Wildlife Conservation has wrongfully and unlawfully failed and neglected to carry out its statutory duties inter alia under and in terms of the Fauna and Flora Protection Ordinance, No. 02 of 1937 as amended by failing to take action to maintain and protect the boundaries of Wilpattu NP from being encroached, and not acting in due diligence to conserve and protect the wildlife and ecosystem therein. These activities, which encroach upon the national park’s boundaries, threaten the integrity of this vital ecological zone.
In response to these concerns, EFL represented by Lakshman Jeyakumar Attorney-at-Law, filed a Writ Application bearing No: CA/WRT/738/2023 against the Director General of the Department of Wildlife Conservation, Minister of Wildlife and Forest Resources Conservation and Surveyor General to prevent the said encroachment to the Wilpattu National Park.
An Interim Order was granted by the Court of Appeal on 4 September which directed the Department of Wildlife Conservation to act in terms of the law and assume the control, supervision and care of the said area/lands where the said development activities are carried out until the hearing and final determination of this application. This legal relief is pivotal in preserving Wilpattu National Park’s biodiversity and ecological balance.