D. L. & F. De Saram

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Wedithalathivu Nature Reserve – Supreme Court Case Review

Wedithalathivu Nature Reserve, situated on the northwestern coast of Sri Lanka, is recognized as one of the nation’s last remaining pristine mangrove ecosystems, playing a crucial role in supporting rare wildlife, biodiversity, and community livelihoods. It is an ecologically significant area, representing one of the last remaining pristine mangrove ecosystems in Sri Lanka and serves as a vital habitat for migratory birds and rare species. Designated as the Wedithalathivu Nature Reserve, it encompasses 29,180 hectares as established by Gazette No. 1956/13 dated 1st March 2016 under the Fauna and Flora Protection Ordinance (FFPO). This ordinance designates Wedithalathivu as a legally protected area, thereby establishing a framework that prohibits any activities threatening its wildlife and habitats. The FFPO helps preserve the ecological integrity of the reserve by enforcing strict restrictions on exploitation, ensuring the protection of endangered species and promoting biodiversity. This legal framework is essential for safeguarding critical ecosystems from human activities.

Recently, Wedithalathivu’s ecological integrity came under threat when the government attempted to remove protection from part of the reserve to make way for aquaculture development through Gazette Extraordinary No. 2383/05 dated 6th May 2024, signed by the Minister of Wildlife and Forest Resources Conservation. This gazette, signed by the Minister of Wildlife and Forest Resources Conservation, and issued under Section 2 of the Fauna and Flora Protection Ordinance purported to exclude approximately 168.556 hectares from Wedithalathivu the Nature Reserve, to allocate it for an aquaculture /shrimpr farming industrial park, thereby removing a portion of the reserve from its protected status.This decision sparked widespread concern and led to the following fundamental rights applications being instituted in the Supreme Court with view of safeguarding the reserve’s unique environmental value.

In light of the increasing threats to Wedithalathivu following the removal of its protected status, concerned parties-initiated petitions bearing SCR Nos. 150/2024, 153/2024, and 154/2024 to challenge Extraordinary Gazette No. 2383/05, issued by the former Minister of Wildlife and Forest Resources Conservation, which aimed to remove certain areas from the site’s protected status. The petitioners pointed out that the Integrated Strategic Environmental Assessment (ISEA) of Sri Lanka’s Northern Province (2009-2014), conducted by the Central Environmental Authority, the Disaster Management Centre, and other State Agencies, classified Wedithalathivu as a “strict nature reserve under the Fauna and Flora Protection Ordinance, in view of its ecological sensitivity and its significance within regional biodiversity networks. It was also pointed out that this recent gazette was deeply concerning given that Sri Lanka has gained international recognition for its mangrove restoration and conservation initiatives. Developing shrimp farms in Wedithalathivu would not only contradict these national policies but also destroy habitats critical for numerous species.

Serious concerns were also raised by activists and environmental groups on the said Gazette notification as procedurally irregular, lacking a standard annexure or sub-schedule that typically defines boundary adjustments because Wedithalathivu is a narrow, linear ecosystem, even limited encroachment could lead to irreversible ecological damage across the entire reserve. This moves to Gazette portions of Wedithalathivu in this manner runs counter obligation of the State to protect the environment for the benefit of current and future generations. By pursuing environmentally harmful development without due process, it was further alleged that the government risked violating both national and international environmental commitments such as the Sri Lankan National Environmental Act, the Convention on Biological Diversity, the Ramsar Convention on Wetlands, and the Sustainable Development Goals (particularly Goal 15). Wedithalathivu’s mangroves act as vital carbon sinks, breeding grounds for marine species, and buffers against coastal erosion. The reserve also lies adjacent to the buffer zone of the Wilpattu National Park, linking inland and marine ecosystems. Therefore, any degradation of Wedithalathivu would have cascading effects on larger ecological systems.

The Supreme Court granted leave to proceed in the said fundamental rights petition and issued an interim order on 27th June 2024 preventing the implementation of the said Gazette notification. In response to such increasing public and legal pressure, the Cabinet of Ministers, on 7th July 2025, decided to revoke the said Gazette No. 2383/05 issued by former Minister and announced its intention to publish a new Gazette restoring Wedithalathivu to its original boundaries and protection status.

Thereafter, on 19th January 2026 the Attorney General representing the respondents informed the Supreme Court that the government has issued a fresh Gazette Extraordinary revoking the earlier Gazette No. 2383/05 which had altered the boundaries of the Wedithalathivu Nature Reserve to facilitate an aquaculture project. The Attorney General submitted to court that Gazette Extraordinary No. 2463/47, dated November 21, 2025, was issued to revoke the Gazette No. 2383/05 dated May 6, 2024, which had been enacted under the tenure of former Minister of Wildlife and Forest Resources Conservation. Accordingly, the petitions were dismissed without costs.

The Wedithalathivu case represents more than a local conservation issue; it highlights the ongoing tension between development pressures and environmental stewardship in Sri Lanka. It is submitted that protecting Wedithalathivu is not only a legal obligation but also a moral imperative to preserve one of the nation’s last undisturbed mangrove ecosystems, which sustain communities, biodiversity, climate resilience, and intergenerational justice. With the government’s official issuance of a new gazette revoking the boundary reduction, and the subsequent withdrawal of legal challenges, this outcome marks a significant victory for environmental protection in Sri Lanka. However, long-term vigilance and robust enforcement remain essential to ensure that the country’s ecological heritage continues to thrive for generations to come.

Disclaimer: This information is provided for general information purposes only and does not constitute legal advice. Readers should not rely on it as a substitute for specific legal advice in relation to any particular matter.

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