Environmental Foundation Ltd. and Others vs. Mahawali of Sri Lanka and Others, 2010 1 Sri LR 1

Litigants in Sri Lanka disputed the government’s decision to allow construction on “special area” land within the Mahaweli Development Programme which artificially created a reservation area in the mountains of Kandy for the water management of hydroelectric power generation, irrigation development, flood control, and community settlements. Within the reservation area are three reservoirs as well as the Victoria Randenigala Rantambe Sanctuary, Sri Lanka’s largest nature park. Petitioner argued that the approved construction site was within the sanctuary and therefore fell under the National Environmental Act, No. 47 of 1980, which prescribed stringent requirements for construction approval, including the prerequisite to prepare an Environmental Impact Assessment (EIA) or initial environmental examination. It is contended that the construction was unauthorized and violated the petitioners’ right to equality and equal protection before the law under the constitution.

The court noted that the directive principles within the Sri Lankan constitution were not enforceable and did not confer legal rights or obligations. Nevertheless, it considered that the principles (i) equated to the public trust doctrine, and (ii) guided state functionaries in the exercise of their powers. By equating the directive principles to the public trust doctrine, the court incorporated that principle into Sri Lankan law and found that the government must act in accordance with the principle of public trust.