Watte Gedara Wijebanda vs. Conservator General of Forests 2009 1 Sri LR 337, p. 356 (Sri Lanka)

The petitioner instituted the case for alleged violation of his right to equal treatment after being refused a permit for quarry mining of silica quartz in an environmentally sensitive area, when a mining permit in the same area was granted to another party. The court found that the petitioner was indeed denied equal treatment. The refusal of the permit was however correct under the law, and the permit was in fact wrongfully granted to the other party. The court thus directed that no further mining activities take place on the area.

The court said the Constitution enjoins the State to protect, preserve and improve the environment. There is also a fundamental duty upon every person to protect nature and conserve its riches. Even if environmental rights are not specifically alluded to under the fundamental rights chapter of the Constitution, the right to clean environment and principles of equity with respect to the protection and preservation of the environment are inherent in the Constitutional provision. Likewise, while Directive Principles of State Policy are not specifically enforceable, they provide important guidance to state organs. Moreover, international instruments and constitutional provisions constitute an important part the environmental protection regime.