By Tharushi Weerasinghe The Supreme Court this week concluded a 15-year legal battle over the use of a road through Wilpattu National Park, following a government decision not to allow public transport through the protected area. The case was brought by Environmental Foundation (Guarantee) Limited (EFL), Wildlife and Nature Protection Society of Sri Lanka (WNPS), [...]

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No public transport through Wilpattu, SC case ends after 15 years

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By Tharushi Weerasinghe

The Supreme Court this week concluded a 15-year legal battle over the use of a road through Wilpattu National Park, following a government decision not to allow public transport through the protected area.

The case was brought by Environmental Foundation (Guarantee) Limited (EFL), Wildlife and Nature Protection Society of Sri Lanka (WNPS), Wilderness and Protected Areas Foundation, and Thilak Kariyawasam. They argued that the road – originally a gravel path – passed through a legally protected area, posing environmental and safety risks.

The road had been opened in 2010 after the conflict, when the Sri Lanka Navy constructed an additional route toward the coast. The petition named several respondents: the Director General of Wildlife, the Navy, the Tourism Authority, former Minister Rishad Bathiudeen, the Minister of Environment, the Director General of Irrigation, and the Attorney General.

The road at the centre of a 15-year legal battle. Pic by Hiran Priyankara

Petitioners acknowledged the importance of military access, but opposed public transport due to environmental risks. Supporters of the road argued it offered critical accessibility, as the park’s expansion made alternate routes significantly longer. Over the years, proposals such as speed limits and regulated transport were floated, but the matter remained in legal limbo.

In 2013, on the order of the Supreme Court, former Solicitor Generals conducted site visits. A stay order was issued in 2018 to maintain the status quo, halting further damage and limiting road use to maintenance purposes.

Villagers later intervened under political influence, claiming the road’s closure affected their livelihoods. The Road Development Authority (RDA) was also brought into the case, as it would have been responsible if the road were deemed a public thoroughfare. However, the court delays and the stay order kept the issue unresolved.

On the eve of the May 7 hearing, newly appointed Director General of Wildlife Ranjan Marasinghe informed the Attorney General’s Department that no public transport would be allowed through the park. Deputy Solicitor General Dr Avanti Perera, who has been involved in the case since 2015, presented the letter to the court and recorded the Director General’s position. There was no objection from Bathiudeen’s lawyer.

“In the context of elections, we were worried about political interference, especially with campaign promises to open the road. But there was no intervention, which we appreciate,” a senior official told the Sunday Times.

In court, DSG Perera confirmed that only armed forces and Police performing lawful duties would be allowed access. Maintenance of the road as a gravel path would continue, but public “through traffic” would not be permitted. These undertakings were formally recorded, bringing the legal dispute to an end.

President’s Counsel Uditha Egalahewa, with Tharushi Buddhadasa and Nimshi Hirimbura, appeared for the petitioners. The Navy will retain access to the road for security purposes.

Wilpattu, Sri Lanka’s oldest and largest national park, was designated a Ramsar Wetland in 2013. Petitioners noted that despite political and business pressure for a road between Eluwankulama and Marichchakatti, the route offered no access to any settlements within the park and posed a threat to its unique ecosystem.

The senior official attributed the outcome to “a combination of factors – an independent Attorney General’s office, a very strong Director General of Wildlife, and a deactivated Rishad Bathiudeen.”

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