Sarath Fernando, Conservator General of Forests vs P.B.S. Dissanayake and others – SC APPEAL 137/2017-2024

In the case between the members of the “Uva Magnetite” partnership (notably P.B.S. Dissanayake, S.K. Senarathna, Y.M.A.K. Yapabandara) and various state agencies including the Geological Survey & Mines Bureau and the Central Environmental Authority, the issue concerned whether statutory procedures under the National Environmental Act were properly followed regarding a proposed mining project. The central legal questions included the status of the Technical Evaluation Committee’s recommendation, the requirement for formal approval and subsequent gazette publication of the Environmental Impact Assessment Report, and whether failure to publish the report constituted an abuse of discretionary authority or breach of statutory duty. It was held that no formal approval having been granted, public

REF: SC APPEAL 137/2017-2024 Category: Tag:
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