CEJ now takes aim at proposed forest rape by the state

By Ifham Nizam

Fresh from their victory in fighting the destruction of Kallaru Reserve Forest in the Court of Appeal,

Centre for Environmental Justice (CEJ) Executive Director Hemantha Withanage this week filed a new writ application in the CA through their lawyers, against a government decision to revive the `Other State Forest’ from the preview of the Forest Department and handover the `other forests’ to District and Division Secretariat.

Attorney-at-Law, Ravindranath Dabare yesterday said Circulars No. 05/2001 and No. 02/2006 dated 10.08.2001 and 17.05. 2006 that had been revoked by way of Circular MWFC/1/2020 dated 04.11.2020 titled `Government residual Forest Management’ by Secretary to the Ministry of Wildlife and Forest Conservation with immediate effect.

He had no authority under the Forest Conservation Ordinance or any other written law to issue such a circular, Dabare said.

“We seek Writ of Mandamus and Certiorari against the respondents-  the Secretary of Ministry of Wildlife and Forest Conservation, Minister of Wildlife and Forest Conservation, Conservator General of Forests, the Secretary of Ministry of Environment and the Attorney General under Article 140 of the Constitution of Sri Lanka,” he said.

The CEJ legal team also stated that “Other State Forests” had been under the purview of District or Divisional Secretariats and Government agents before the issuance of the Circular No. 05/2001, which was intended to prevent the alienation of those forest areas and the destruction fauna and flora.

Many forest lands have been grabbed around the country, in Pollebadda,-Mahaoya, Lahugala, Nilgala and many other areas because of the current circular. These forests link reserve forests with national parks and are serve as corridors for animals. The absence of these Other State Forests will lead to National Parks and Forest Reserves being isolated and fragmented, according to CEJ..

The CEJ said that it was one of the main causes for the Human – Elephant Conflict in the country.