By Lakmal Sooriyagoda  

The appeal petition filed by former Minister Rishad Bathiudeen seeking an order to set aside the judgment of the Court of Appeal in connection with the deforestation of the northern sanctuary of Wilpattu National Park was yesterday fixed for inquiry by Supreme Court.  

Supreme Court two-judge-bench comprising Justice Murdu Fernando and Justice S. Thurairaja fixed the petition to be taken up for inquiry on February 3 next year.  

In its judgment, the Court of Appeal on 16th of November, 2020 had issued an order directing the Conservator General of Department of Forest Conservation to take action to implement a tree planting programme in accordance with the provisions of the Forest Ordinance in any area equivalent to the reserve forest area used for re-settlement of IDPs.  

The Court of Appeal further ordered former Minister Rishad Bathiudeen to bear the full cost of the tree planting programme in these areas applying the polluter pays principles, since according to the evidence before Court he was instrumental in  using the reserved forest land for the re-settlement of the IDPs.  .  

In his special leave to appeal petition, Bathiudeen has raised several legal issues relating to the judgment of the Court of Appeal. The respondent-petitioner stated that the Court of Appeal has failed to consider whether the petitioner of the writ petition in Court of Appeal had locus standi or was competent to maintain the application by way of public interest litigation.   

Initially, the Centre for Environmental Justice had filed a writ petition in the Court of Appeal naming Conservator General of Forest Conservation Department, Central Environmental Authority (CEA), Director General of Wild Life Department, Commissioner General of Lands, Commissioner General of Archeological Department, Mannar District Secretary, Rishad Badiuddeen the Minister of Industry and commerce, Minister of Environment and Mahaweli Development and the Attorney General as respondents.