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SLR-1980 Vol.2- P20
SLR - 1980 Vol.2, Page No - 20 ATTORNEY-GENERAL V. PODIAPPUHAMY COURT OF APPEAL. SOZA, J. AND ABDUL CADER, J. S.C. (C.A.) 99/78-M. C. NIKAWERATIYA 2650. JUNE 11, 1930 Forest Ordinance (Cap.451) -Regulations 2 and 9 framed under section 20 (1) -Colonization Officer- Authority to enter prosecution under Forest Ordinance-Authorization of Government Agent for prosecution -Land Development Ordinance, section 168. Held (1) When two different charges under two Ordinances are available to the prosecution there is no reason why the prosecution should not have the right to choose one of the Ordinances for the purpose of the charge, in an appropriate case. Cont..
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SLR-1982 Vol.1-P163
SLR - 1982 Vol.1, Page No - 163 COURT OF APPEAL Kuruppu vs. Keerthi Rajapaksa, Conservator of Forests C.A. 338/78 - M.C. Panadura 33743 Forest Ordinance Section 24 Regulation 5 made thereunder " Rule delegatus non potest delegare - may Minister's administrative powers be delegated The accused appellant was charged along with two others. The charge against the first and second accused was that they had transported logs within into or out of an area specified in the Gazette notification dated 29.8.66 without a permit from an authorized officer mentioned in the gazette. The accused appellant was charged with aiding and abetting. All three accused were convicted but only the accused appellant appealed. The Defence urged that regulation 5 made by the Minister under the Forest Ordinance and published Cont..
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SLR-1982 Vol.1-P187
SLR - 1982 Vol.1, Page No - 187 SUPREME COURT M.S. Perera vs. Forest Department and Another S.C. Appeal No 1/80 - S.C. Application No. 645/73(C.A.) M.C. Gampaha Case No. 65797/A Forest Ordinance as amended by Act No. 13 of 1961 - section 24 the Regulation (5) made thereunder by the Minister empowering Official to perform certain acts -Ultra Vires Rule - Delegatus non potest delegare. Accused Appellant was convicted by a Magistrate for transporting timber into or out of prohibited areas without a permit from an authorised officer and thereby contravening regulation (5)2 made by the Minister under section 24 of Forest Ordinance. Appellant moved in revision to have conviction set aside on the ground that the regulations were ultra vires the Minister's powers. Cont..
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SLR-1985 Vol.2-P261
SLR - 1985 Vol.2, Page No - 261 MANAWADU v. OFFICER-IN-CHARGE, POLICE STATION UDAPUSSELLAWA AND ANOTHER COURT OF APPEAL SIVA SELLIAH, J AND T D. G. DE ALWIS, J. C A 643/83 - M C. NUWARA ELIYA No 37665. JULY 17, 1985 Transport of timber without a permit - Forest Ordinance s. 25 (1) read with s. 40 as amended by Act No. 13 of 1982 - Confiscation of lorry - Owner not aware and not given opportunity to show cause. Upon a conviction for the offence of transporting timber without a permit under the Forest Ordinance amended by Act No. 13 of 1982 the confiscation of the vehicle in which the illegal transport was done is automatic. Such vehicle is automatically forfeited to the State and shall vest absolutely in the State on the expiry of the appealable period if there is no appeal or upon the affirmation of the conviction in appeal if there is an appeal. The right of showing cause Cont..
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SLR-1987 Vol.2- P30
SLR - 1987 Vol.2, Page No - 30 MANAWADU v. THE ATTORNEY-GENERAL SUPREME COURT. SHARVANANDA, CJ, ATUKORALE. J. AND SENEVIRATNE, J. S.C. No. 77/85. C.A. No. 643/83. M.C. NUWARA ELIYA No. 37665. FEBRUARY 11, 1987. Forest Ordinance, ss. 24 (1) (b), 25(1), 40-Confiscation of lorry used for transport of 'illicit' timber- S.7 of Act No. 15 of 1982-Natural justice-Forfeited means liable to be forfeited-Audi alteram partem. Held : (Seneviratne, J. dissenting): By s. 7 of Act No. 13 of 1982 it was not intended to deprive an owner of his vehicle used by the offender in committing a forest offence without his (owner's) knowledge and without his Cont..
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SLR-1987 Vol.2-P54
SLR - 1987 Vol.2, Page No - 54 O. S. PERERA v. ATTORNEY-GENERAL COURT OF APPEAL. BANDARANAYAKE, J. AND DHEERARATNE, J. C.A. 159/75 F. D.C. EMBILIPITIYA 822/M. JANUARY 27, 28, 30 AND FEBRUARY 3 AND 6, 1987. Negligence - Damages for failure to issue permits - Forest Ordinance, s. 26 - People's Committees Act No. 16 of 1971 - People's (Janatha) Committee. The plaintiff having obtained a non-notarial lease of 100 acres of private land for felling trees was found to have felled trees in an adjoining forest reserve of the State, on information given by the People's (Janatha) Committee operating under the People's Committees Act No. 16 of 1971, investigations were set afoot and the plaintiff's offence was compounded on a payment and the State timber confiscated. But the Government Agent, having earlier before the Janatha Committee's Cont..
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SLR-1992 Vol.1-P176
SLR - 1992 Vol.1, Page No - 176 RAUF AND OTHERS v. THE RANGE FOREST OFFICER, PUTTALAM COURT OF APPEAL GRERO, J. C.A. 258 - 260/85 M.C. PUTTALAM NO. 17095 12 SEPTEMBER, 1991 Forest Ordinance - Entry into forest reserve and transporting teak togs - Misjoinder of charges - Omission of words "in the course of the same transaction"- Prejudice. Held: The omission to mention the words 'in the course of the same transaction' in count 2 has caused the accused no prejudice as all the ingredients of the offence were stated. Hence the objection of misjoinder fails. Cont..
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SLR -1993 Vol.1- P376
SLR - 1993 Vol.1, Page No - 376 AMARASINGHE AND OTHERS v. THE ATTORNEY-GENERAL AND OTHERS (COLOMBO - KATUNAYAKE EXPRESSWAY CASE) SUPREME COURT. FERNANDO, J. GOONEWARDENE J. AND PERERA J. S.C. (SPL) NO. 6/92, JANUARY 21st AND 22nd, 1993. Certiorari and Prohibition - Declaration made by President under section 2 of the Urban Development Projects (Special Provisions) Act, No. 2 of 1990 - Recommendation of Minister - Opinion of President - Construction of Colombo - Katunayake Expressway - Environmental Impact Assessment (EIA) - Acquisition - Writ Jurisdiction - Pre-requisite of a hearing - Natural justice - National Environmental Act No. 47 of 1980 as amended by Act. No. 56 of 1988, sections 23 AA and 23 BB - Opportunity for raising objections - Resettlement of persons affected. Cont..
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SLR -1994 Vol.2- P271
SLR - 1994 Vol.2, Page No - 271 KEANGNAM ENTERPRISES LTD. v. ABEYSINGHE AND OTHERS COURT OF APPEAL. ANANDA GRERO, J. C.A. NO. 259/92. M.C. KURUNEGALA NO. 55907/91. JULY 13 , 1992. National Environmental Act, No. 47 of 1980 as amended by the National Environmental [Amendment] Act, No. 56 of 1988 ss. 23A, 23B and 29 -Environmental Protection Licence - Code of Criminal Procedure Act, No. 15 of 1979, ss. 98(l) and 104(1) - Jurisdiction of Magistrate - Rule 46 of the Supreme Court Rules. The Petitioner-Company had established a metal quarry, a metal crusher and a premix plant at a site taken on lease for developing and rehabilitating the Ambepussa - Dambulla - Anuradhapura road: The Informant-Respondents complained of a public nuisance created by the Petitioner-Company. The Cont..
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SLR-1996 Vol.2-P77
SLR - 1996 Vol.2, Page No - 77 MUDANKOTUWA v. ATTORNEY GENERAL COURT OF APPEAL HECTOR YAPA, J. C.A. 1061 /88 M.C. KANDY NO. 78490 MAY 08, 29, 1996 JUNE 05, 1996. Forests Ordinance S. 25 (2) S. 40 (1) - Transporting Timber without a Permit - Confiscation of Vehicle - Owner had no knowledge that Timber was to be transported - Can the vehicle be confiscated. On 23.8.88, six persons were detected transporting timber in a Tractor and Trailer owned by the Petitioner without a permit. At the trial the driver pleaded guilty and he was convicted. The Charges against the other accused were withdrawn. Cont..
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SLR-1997 Vol.2-P306
SLR - 1997 Vol.2, Page No - 306 ENVIRONMENTAL FOUNDATION LTD. v. MINISTER OF PUBLIC ADMINISTRATION AND SIX OTHERS COURT OF APPEAL. DR. RANARAJA, J. C.A. 137/96. DECEMBER 17, 1996. Certiorari - Permit to run a Zoo - Locus standi - Implementation and Enforcement of the taw relating to nature, its conservation and the environment - Constitution Articles 28(f) and 29. Fauna and Flora Protection Ordinance No. 2 of 1957 - Amended by Act, No. 49 of 1993 - Section 55 - Alternative remedy. The petitioner, a public interest environmental law and advocacy organisation sought a writ of certiorari to quash the authorisation issued by the Director, Department of Wild Life Conservation Cont..
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SLR -1998 Vol.1-P316
SLR - 1998 Vol.1, Page No - 316 JAYAWARDENA v. AKMEEMANA PRADESHIYA SABHA AND OTHERS SUPREME COURT AMERASINGHE, J., WIJETUNGE J. GUNAWARDENA, J. S.C. APPLICATION NO. 594/96/FR SEPTEMBER 15, 1997. Fundamental Rights - Article 14 (1)(g) of the Constitution - National Environmental Act, Nos. 47 of 1980 & 56 of 1988 ss. 23A, 23B, 23D, 23E and 26 - National Environmental (Protection & Quality) Regulations No. 1 of 1990 Reg. 2 & 10 - Right to cancel Environment Protection Licence - Noise pollution and Dust pollution - Right to hearing before cancellation - Infringement only when the occupation, business or trade is lawful and not when it is unlawful-Failure to comply with conditions of licence - Allegation of political motives. Cont..
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SLR -1998 Vol.2-P11
SLR - 1998 Vol.2, Page No - 11 GUNARATNE v. THE HOMAGAMA PRADESHIYA SABHA AND OTHERS SUPREME COURT AMERASINGHE, J., PERERA, J., GUNAWARDENE, J. SC APPLICATION NO. 210/97(FR) MARCH 04, 1998. Environment Law - National Environmental Act, No. 47 of 1980 as amended by Act, No. 56 of 1988 - Establishment of a Saw Mill - Nuisance - Environmental hazards : noise, saw dust, etc. - Permission by Pradeshiya Sabha - Licence under National Environmental Act - Infringement of Fundamental Rights - Article 12(1) of the Constitution. An application by the petitioner to establish a Saw Mill was recommended by the Technical Officer of the Pradeshiya Sabha but the Central Environmental Authority (CEA) refused to approve the Cont..
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