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Court moved against construction of highway across wetland

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By Ifham Nizam

A case had been filed against the construction of the 3.15 km Orugudawatta-Athurugiriya highway, running through the Thalangama-Avarihena wetland, the Centre for Environmental Justice legal team said.

The construction of roads through a wetland was to be carried out under the National Environment Act 1487/10 Gazette. However, an environmental impact assessment (EIA) report has not been submitted for the project’s second phase. This is an unauthorised practice as per Schedule II of the Gazette.

The suit was filed on 11.02.2021 by two petitioners, including the Centre for Environmental Justice (CEJ), under the powers conferred by Sections 24 C and 24D of the Environment Act No. 47 of1980.The proposed highway is to run through the Talangama/Avarihena wetland, which was declared by Gazette No. 1487/10 dated March 2007 as an Environmental Protection area.

The petitioners have requested the Court to issue a writ of prohibition against the respondents for allowing the construction to pass through the Talangama Wetland.However, the respondents have argued that Gazette No. 1487/10 has been amended by Gazette No.2237/7 issued by the Minister, and since the case has been filed based on Gazette No.1487/10 there is no need to maintain this case further.

After considering the facts, the Court of Appeal ordered, on January 19, 2022, that according the Third Schedule (n) of Gazette No. 2237/7, the construction of the expressway in question should not harm the ecologically protected area.

Since the petitioners have been able to prove their case prima facie that the minister changed the original order to the environmental protection zone, the court allowed the petitioner to continue the petition. This was followed by a petition filed by the Road Development Authority and its Chairman on 25 February 2022.

A petition was filed on December 23, 2020, by the Centre for Environmental Justice and Senior Advisor/Director, Hemantha Withanage regarding the illegal activities around the Muthurajawela Sanctuary. The Muthurajawela North Swamp area has been declared as a wetland sanctuary as per the Special Gazette No. 947/13 and its induction zone has also been declared an “Environment Protection Zone’ in 2004 under Sections 24C and 24D of the National Environment Act Gazette No. 1466/26 dated 13 Oct 2006.The petitioners request an interim restraining order to stop activities in the vicinity of the

Muthurajawela Sanctuary violating the Agricultural Development Act No. 46 of 2000, for carrying out activities related to the Extraordinary Gazette No. 772/22 dated 24.06.1993 without an environmental assessment report, carrying out activities that are prohibited in a sanctuary under Section 7 of the Wildlife and Flora Protection Ordinance. They also request to mark the physical boundaries of the Muthurajawela Sanctuary and to issue a writ of mandamus to implement the National Policy on Wetlands.

In the petition, the petitioners sought a writ of mandamus to act in terms of the Fauna and Flora Protection Ordinance in relation to the damage caused. Giving the order dated 04 April 2022, the Court of Appeal directs the Director General of the Survey Department and the Inspector General of Police to mark the physical boundaries of the Muthurajawela Sanctuary and the Environmental Protection Zone. Also, the Central Environment Authority and the Department of Wildlife Conservation have been ordered to install notice boards in those zones and the Police Commissioner has been ordered to take steps to protect the relevant boundaries and boards and to take steps to prevent illegal activities from taking place in the Muthurajawela Sanctuary and the Environmental Protection Zone.



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Navy seize an Indian fishing boat poaching in northern waters

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During an operation conducted in the dark hours of 01 Jan 26, the Sri Lanka Navy seized an Indian fishing boat and apprehended 11 Indian fishermen while they were poaching in Sri Lankan waters, off Kovilan of Kareinagar, Jaffna.

The Northern Naval Command spotted a group of Indian fishing boats engaging in illegal fishing, trespassing into Sri Lankan waters. In response, naval craft of the Northern Naval Command were deployed to drive away those Indian fishing boats from island waters off Kovilan.

Meanwhile, compliant boarding made by naval personnel resulted in the seizure of one Indian fishing boat and apprehension of 11 Indian fishermen who continued to engage in illegal fishing in Sri Lankan waters.

The seized boat (01) and Indian fishermen (11) were handed over to the Fisheries Inspector of Myliddy, Jaffna for onward legal proceedings.

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Tri-Forces donate LKR. 372 million, a day’s pay of all ranks to ‘Rebuilding Sri Lanka’ Fund

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Members of all ranks from the Sri Lanka Army, Sri Lanka Navy and Sri Lanka Air Force have collectively donated a day’s basic salary to the ‘Rebuilding Sri Lanka’ Fund, which was established to restore livelihoods and rebuild the country following the devastation caused by Cyclone Ditwah.

Accordingly, the total contribution made by the Tri-Forces amounts to LKR. 372,776,918.28.

The cheques representing the financial contributions were handed over on Wednesday (31 December) at the Presidential Secretariat to the Secretary to the President, Dr. Nandika Sanath Kumanayake.

The donations comprised LKR. 250 million from the Commander of the Army, Major General Lasantha Rodrigo; LKR. 73,963,879.71 from the Commander of the Navy, Rear Admiral Kanchana Banagoda and LKR. 48,813,038.97 from the Commander of the Air Force, Air Marshal Vasu Bandu Edirisinghe.

Secretary to the Ministry of Defence, Air Vice Marshal Sampath Thuyacontha, was also present on the occasion.

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CEB demands 11.57 percent power tariff hike in first quarter

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The Ceylon Electricity Board (CEB) has submitted a proposal to the Public Utilities Commission of Sri Lanka (PUCSL) seeking an 11.57 percent increase in electricity tariffs for the first quarter of 2026, citing an estimated revenue shortfall and additional financial pressures, including cyclone-related damages.

According to documents issued by the PUCSL, the proposed tariff revision would apply to electricity consumption from January to March 2026 and includes changes to both energy charges and fixed monthly charges across all consumer categories, including domestic, religious, industrial, commercial and other users.

Under the proposal, domestic electricity consumers would face increases in unit rates as well as fixed monthly charges across all consumption blocks.

The CEB has estimated a deficit of Rs. 13,094 million for the first quarter of 2026, which it says necessitates the proposed 11.57 per cent tariff hike. The utility has noted that any deviation from this estimate whether a surplus or a shortfall will be adjusted through the Bulk Supply Tariff Adjustment (BSTA) mechanism and taken into account in the next tariff revision.

In its submission, the CEB said the proposed revision is aimed at ensuring the financial and operational stability of the power sector and mitigating potential risks to the reliability of electricity supply. The board-approved tariff structure for the first quarter of 2026 has been submitted to the PUCSL for approval and subsequent implementation, as outlined in Annex II of the proposal.

The CEB has also highlighted the financial impact of Cyclone Ditwah, which it said caused extensive damage to electricity infrastructure, with total losses estimated at around Rs. 20 billion. Of this amount, Rs. 7,016.52 million has been attributed to the first quarter of 2026, which the utility said has a direct bearing on electricity tariffs.

The CEB warned that if external funding is not secured to cover the cyclone-related expenditure, the costs incurred would need to be recovered through electricity tariffs in the second-quarter revision of 2026.

Meanwhile, the PUCSL has said that a decision on whether to approve the proposed tariff increase will be made only after following due regulatory procedures and holding discussions on the matter.

By Sujeewa Thathsara ✍️

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