Wanninayaka Mudiyanselage Dhanapala and others vs Mr Sunnanda Karipperuma, Commissioner of Buddhist Affairs – CA Writ 0243/2017-2025

In the case between Wanninayaka Mudiyanselage Dhanapala and others (including Environmental Foundation (Guarantee) Limited) and the Chief Incumbent of Nakolagane Purana Rajamaha Viharaya (10th Respondent) along with several public authorities, the court addressed the issue of whether the clearing of land adjacent to a temple for mango cultivation constituted unlawful forest clearance in violation of environmental and heritage laws, and whether a writ remedy was appropriate in the presence of disputed material facts. The court held that the petition should be dismissed, emphasizing that the existence of contested facts concerning the nature and status of the land, as revealed during a joint site inspection, rendered the writ remedy unsuitable. The principle reaffirmed was that when material

REF: CA Writ 0243/2017-2025 Category: Tag:
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