Bathiudeen’s appeal challenging Wilpattu judgement fixed for support

By Lakmal Sooriyagoda  

The appeal petition filed by Parliamentarian 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 support by Supreme Court.  

Supreme Court three-judge-bench comprising Chief Justice Jayantha Jayasuriya, Justice Yasantha Kodagoda and Justice Mahinda Samayawardena fixed the petition to be taken up for support on March 17.  

In its judgement, the Court of Appeal on 16th November, 2020 had issued an order directing the Conservator General of the 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 Parliamentarian Rishad Bathiudeen to bear the full cost of the tree planting programme in these areas applying the “polluter pays principle”.  
In his special leave to appeal petition, Bathiudeen has raised several legal issues relating to the judgement of Court of Appeal. Bathiudeen 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.   

He further stated that the findings of Court of Appeal that he was instrumental in getting the land released for the settlement of IDPs was unsupported by evidence. He further said that the Court of Appeal has granted a relief against the Conservator General of Department of Forest Conservation in as much as no relief whatsoever was claimed against him.