Sugathapala Mendis vs. Chandrika Kumaratunga and Others 2008 2 Sri LR 339 (Sri Lanka)

Petitioner assailed the acquisition by the government of a large tract of land for a supposed public and urgent purpose. In spite of the supposed urgency of acquiring the land, no action occurred for about nine years, after which, the Board of Investment approved a proposal of Asia Pacific Golf Course Ltd. to establish an 18-hole golf course on said land. Petitioners submit that this was done through a process "conniving and contrary" to the equal protection of the law guaranteed by the constitution which guarantees the rule of law. Respondents submit, among others, that petitioner has no locus standi since the right being asserted vests on the collective citizenry of Sri Lanka.

The court stated that, as in the Bulankulama case, the constitution recognizes duties both on the part of Parliament and the President and the Cabinet. The constitution provides that “The State shall protect, preserve and improve the environment for the benefit of the community."

A constitutional directive on environmental protection, when combined with the public trust doctrine, obliged the government to protect the environment in furtherance of the people’s trust. Citizens could rightfully seek redress for violations of this obligation because “to hold otherwise would deprive the citizenry from seeking accountability of the institutions to which it has conferred great power and to allow injustice to be left unchecked solely because of technical shortcomings.”  The court thus declared the acquisition of the land by Asia Pacific is null and void.