• Notices issued to former Ministers C.B. Rathnayake, Mahinda Amaraweera, Chamal Rajapaksa

The Court of Appeal (CoA) has granted permission for a petition filed by the Centre for Environmental Justice (CEJ) to proceed, challenging the legality of an ongoing road expansion project through the Sinharaja Forest Reserve.

The petition, originally filed in 2021 by the CEJ challenging the legality of the road construction, argues that neither the Department of Forest Conservation nor any other Government agency had the authority to permit the project. 

The petitioners claim the construction violates national laws protecting Sinharaja and risks serious environmental damage.

On Friday (20), the Court of Appeal reviewed the case and ruled that there were sufficient grounds to proceed. 

Notices were issued to the respondents, who include the Conservator General of Forests, the Central Environmental Authority (CEA) and its Director General, the then Minister of Wildlife C.B Rathnayake, the then Minister of Environment Mahinda Amaraweera, and the then Minister of Irrigation Chamal Rajapaksa.

The petitioners, represented by lawyers Ravindranath Dabare and Savanthi Ponnamperuma under the guidance of Manasha Jayasinghe and registered Attorney Nimmi Sanjeewani, filed a Writ Application (No.245/21) under Article 140 of the Constitution seeking a writ of mandamus. 

They request the Court of Appeal to compel the respondents to fulfil their constitutional duties to protect the environment and enforce relevant laws.

The petitioners state that around August 2020, construction began on expanding an 18 km gravel road from Neluwa to Deniya, passing through the Sinharaja Forest Reserve and its buffer zone. 

This project involves widening an existing eight-foot-wide road to 15 feet and further developing it. Notably, approximately 1,320 metres of this road pass through land within the Sinharaja Forest Reserve and across several tributaries of the Gin Ganga.

Petitioners have learnt that the construction employs heavy machinery, involves the felling of large trees, and causes significant damage to the forest canopy within the Sinharaja Buffer Zone. 

The expansion has led to tree felling, soil excavation, and soil dumping on slopes, resulting in biodiversity loss (including wildlife and agro-diversity), degradation of landscape aesthetics, soil contamination and erosion, deforestation, loss of vegetation cover, and various other negative environmental impacts.

This road, known as the Lankagama-Deniyaya Road, was first attempted in 2013 but was halted due to pressure from the Centre for Environment and Nature Studies, supported by UNESCO. 

Despite this, the project has been reinitiated, causing severe harm to the globally recognised Sinharaja Forest and its Induction Zone – areas of peak rainforest ecosystems and biodiversity in the country.

The road connects Neluwa, Lankagama, Pitadeniya, and Deniyaya. Initially, an eight-foot road was cut in 2013 without approval from the Forest Department. The current project involves widening this road to 15 feet and concreting it.

Although construction was temporarily halted on 19 August 2020 due to protests, it has since resumed.

Petitioners highlight the significant ecological impacts of building roads through forested areas. These include increased vehicle-wildlife collisions, disturbance to animal reproduction caused by traffic noise, stream blockage and increased flooding from cut-and-fill construction, and elevated soil erosion. Additionally, roads contribute pollutants to local waterways.

As highlighted in the petition, the indirect impacts include increased soil erosion from vegetation clearing, higher landslide risks in mountainous terrain, and greater forest accessibility that facilitates illegal activities like poaching and logging. 

Forest roads often create a ‘spider web’ effect, where smaller roads branch off, further enabling resource extraction and agricultural expansion. This cycle attracts settlers who clear forests, hunt wildlife, and introduce invasive species.

Furthermore, new roads in tropical forests often trigger unplanned environmental problems, such as illegal land colonisation, fires, hunting, sand mining, and further forest clearing. Studies show that 95% of deforestation in the Brazilian Amazon occurs within 50 km of roads. 

Similarly, in Central Africa’s Congo Basin and regions like Laos and Sumatra, road expansion leads to logging, poaching, and plantation development. Roads also fragment habitats, alter microclimates, enable invasive species spread, and restrict wildlife movement.

The petitioners also point out that Section 3 of the National Heritage Wilderness Areas Act requires written permission from the Conservator General to enter lands designated as national heritage wilderness areas. However, such permission is limited to specific activities listed in the act, and road construction or widening is not among the allowed activities.

Additionally, Section 4 of the same act prohibits cutting trees, stripping forest cover, polluting water, and constructing roads within national heritage wilderness areas. Therefore, the current road expansion project clearly violates these legal provisions.

The petitioners have sought the court to issue notices to the respondents and grant orders directing them to take legal action against illegal encroachment and damage to Sinharaja under the National Heritage Wilderness Areas Act, Forest Conservation Ordinance, and National Environmental Act. 

They seek orders compelling the first respondent (Conservator General of Forests) to protect Sinharaja per national laws and international conventions, and require the second and 2A respondents (the CEA and its DG) to enforce the law.

The petitioners have also requested the court to direct the preparation and implementation of an updated management plan with stakeholder consultation, clear boundary demarcation of the forest reserve and buffer zones, and issue an interim order to suspend all ongoing or planned activities violating conservation laws, including reservoir construction within Sinharaja and other State forests.

The next hearing is scheduled for 1 August.