Wilpattu national Park road construction:

Residents too petition

Wasantha RAMANAYAKE

The Supreme Court yesterday fixed for July 30 the rights application against the construction of two roads in the Wilpattu National Park to consider a petition by the residents living in proximity to the park seeking to intervene in the proceedings.

The Bench comprised Justice Ms. Shirani Bandaranayake and Justice Nimal Gamini Amaratunga.

Thirteen petitioners including Peer Mohamed Mohamed Aslamector of Mt. Lavinia and Meera Mohideen Mustapha, who permanently settled in Mannar before they were forcibly evicted by the LTTE before 1990, sought to intervene in the proceedings on the basis that the Puttalam-Mannar Road has been in existence since time immemorial and that would facilitate the resettlement of the displaced numbering 380,000.

They sought the respondents to take suitable preventive measures without abruptly stopping the ongoing activities in the area. They also sought a Court directive to the respondents to formulate preventive and regulatory measures to minimize the environment damages in consultation with the stakeholders.

They stated that the gazette dated February 25, 1938 refers to the road as "minor road from Puttalam to Mannar," and the Motor Traffic Act of 1951 referred to it as the Puttalam-Mannar Road.

They also stated that the opening of the Mannar road through the park would reduce the distance between the two towns by half.

The Deputy Solicitor General Bimba Thilakaratne Jayasinghe moved for time to get further instructions.

In their application petitioners, Environment Foundation Limited, Wildlife and Nature Protection Society, Wilderness and Protected areas Foundation cited Conservation Department Director General Ananda Wijesooriya, the Sri Lanka Navy Commander, Sri Lanka Tourism Development Authority, Resettlement and Disaster Relief Management Minister Rishath Bathiyudeen, former Environment and Natural Resources Minister Patali Champika Ranawaka, Archaeology Director General Dr. Senerath Dissanayake and the Attorney General as respondents.

The petitioners sought the Court to issue interim orders; to direct first respondent Wildlife Conservation Department Director General Ananda Wijesooriya to prohibit general traffic other than that of the Security Forces and wildlife officials along the newly constructed roads within the Wilpattu National Park, to direct the first and second respondents to refrain from making any further construction within the park and within the one kilometer of the park boundary.

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 will be 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 Rajapakse instructed by Wardhani Karunaratne appeared for the petitioner. Deputy Solicitor General Bimba Thilakaratne appeared for the respondents.

The interventions will be considered on July 30.