WATTE GEDERA WIJEBANDA VS. CONSERVATOR GENERAL
OF FORESTS AND OTHERS

SUPREME COURT
SARATH N. SILVA, C. J.
SHIRANEE TILAKAWARDANE, J. AND
SALEEM MARSOOF,
S.C. APPLICATION NO. 118/2004
SEPTEMBER 7TH, 2005,
OCTO MER 10TH AND 24TH, 2005,
JANUARY 9TH,2006,
JUNE 5TH,2006

Fundamental Rights - Constitution - Article 12(1) - Equality before law - Article 27(4) - Directive principles of State policy enjoins the State to protect, preserve and improve the environment - Article 28 - Fundamental duty upon every person to protect nature and conserve its riches - Public Trust doctrine - Present generation holds the natural resources in trust for future generations - National Environment Act No. 47 of 1980 - Section 26(1) as amended by Section 9 of the National Environmental (Amendment) Act No. 56 of 1988 - Permit delegation of the powers and functions of the Central Environmental Authority to any Government Department, Corporation, Statutory Board, Local Authority or any Public Officer - Fauna and Flora Protection Ordinance No.2 of 1937 - Section 2 - Minister has power to declare a specified area of land to be a national reserve.

The Petitioner was granted leave to proceed