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September 19, 2024 [GMT]
SC allows petition against de-gazetting Vidataltivu
[Tuesday 2024-07-23 17:00]



The Supreme Court yesterday (22) granted leave to proceed with a Fundamental Rights (FR) petition, challenging the Gazette notification issued by Wildlife Minister Pavithra Wanniarachchi, to de-gazette a section of the Vidataltivu Nature Reserve in Wilpattu to allocate it for a prawn farm project.

The Supreme Court yesterday (22) granted leave to proceed with a Fundamental Rights (FR) petition, challenging the Gazette notification issued by Wildlife Minister Pavithra Wanniarachchi, to de-gazette a section of the Vidataltivu Nature Reserve in Wilpattu to allocate it for a prawn farm project.

  

The order was issued by a Two-Judge Bench comprising Justices Preethi Padman Surasena and Shiran Gooneratne after reviewing the petition filed by several environmental groups, including the Centre for Environmental Justice (CEJ). The petition will be heard on 12 November 2024.

On 27 June, the Supreme Court had issued an interim order halting the implementation of the Gazette Notification, which was issued in May to de-gazette part of the Vidataltivu Nature Reserve for an aquaculture industrial park. This interim order will remain in effect until the petition is concluded.

The Gazette Extraordinary issued by Minister Pavithra Wanniarachchi proposed setting up an aquaculture industrial park in the de-gazetted area, which would be used for farming marine finfish, crabs and exotic shrimp species in a Public-Private Partnership.

The contested gazette specified that the area mentioned in its appendix would no longer be part of the Vidataltivu Nature Reserve. However, environmental groups, including the CEJ, have challenged this decision, citing concerns over the reserve’s protection.

The Vidataltivu Nature Reserve, the country’s third-largest Marine Protected Area and close to the Vankalai Sanctuary, was designated as a Nature Reserve by Gazette No 1956/13 on 1 March 2016. The area, which covers 29,000 hectares, was identified for protection in the Strategic Environmental Assessment (SEA) of the Northern Province conducted in 2012.

In the petition, the CEJ argued that the actions of the Wildlife Conservation Department are in direct contravention of the Fauna and Flora Protection Ordinance (FFPO), undermining the legal framework established to protect Sri Lanka’s natural heritage. By bypassing mandatory provisions of the Ordinance, the Department not only acted unlawfully but also endangered the integrity and conservation objectives of the Vidataltivu Nature Reserve.

Further, the CEJ contended that the failure to conduct a comprehensive study to assess the ecological consequences of the proposed changes risks severe ecological degradation. The unique flora and fauna of the reserve, some of which may be endemic or endangered, face imminent threats of habitat loss and ecosystem fragmentation. Such degradation would have irreversible consequences, undermining the biodiversity and ecological balance of the region.

Moreover, the CEJ argued that the proposed aquaculture project or any other project planned for the de – gazetted area will benefit only a select few, at the expense of the broader public good. The exploitation of the Nature Reserve for limited private gain disregards the significant ecological, social and cultural values of the area, which belong to all citizens.

The CEJ emphasised that the degradation of the reserve will adversely affect the local communities that rely on its ecosystem services for their livelihoods. These communities depend on the reserve for clean water, climate regulation and other essential ecosystem services. Seniour Counsel Ravindranath Dabare with Attorney-at-Law Savanthi Ponnamperuma instructed by Attorney-at-Law Kanchana Balachandra represented the CEJ.

  
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