Gunaratne v. The Homagama Pradeshiya Sabha and Others – sllr 1998 volume 2 page 011

In the case between GUNARATNE (Plaintiff) and THE HOMAGAMA PRADESHIYA SABHA and Others (Defendants), the court addressed the legality of the suspension of authorization for the establishment of a saw mill under the National Environmental Act, focusing on procedural fairness and the alleged infringement of constitutional rights. The findings established that while initial site clearance had been obtained, this did not constitute a formal licence, and operations could not lawfully commence until such licence was issued. The suspension of the petitioner’s authorization was found to be arbitrary and lacking due process. Emphasis was placed on the requirements of publicity, transparency, and fairness, as well as the necessity for written, reasoned decisions in administrative processes. The deci