Eppawala Case Brief

Ayesha Sewwandi

Faculty of Law

University of Peradeniya

1) Title Bulankulama & Six Others v. Secretary Ministry of Industrial Development & Seven Others (Eppawala Case) Supreme Court (Fundamental Right) Application No. 884/ 1999. 2) Procedural History The Supreme Court has supreme power to protect people’s Fundamental Rights. Therefore, petitioners filed this case directly to the Supreme Court. 3) Issue(s) The agreement between Sri Lanka & USA is violating the Fundamental Right of the petitioners guaranteed under Articles 12(1), 14(1) (g), 14(1) (h) of the Constitution. 4) Rule(s) ★ Articles of 12(1), 14(1) (g), 14(1) (h) of the Constitution. ★ Article 126 of the Constitution. 5) Facts ★ The agreement between the government & the Freeport McMauren Company of the USA to find phosphate deposit in Eppawala. This natural resource doesn’t grow again. ★ The lands, livelihoods & temple of the people are in danger due to a project carried out by the defendants in the Eppawala phosphate deposit. Therefore, this case was filed by six villages & monk in Anuradhapura against to the American Company. 6) Judgment ★ The Court ordered that, violated the fundamental rights of petitioners. ★ The Court ordered the defendants to refrain from entering into contracts with the Eppawala phosphate deposit. 7) Legal Reasoning ★ Environmental pollution ★ Violating Fundamental Rights 8) Dissenting Opinion Unanimous Decision - The judgment in this case was written by Justice Amarasinghe & other two judges agreed with his decision. 9) Significance ★ This landmark case is a precedent for setting legal principles of Environmental Law & Fundamental Rights. ★ Right to protest in public. ★ Follow proper legal procedures for the implementation of development projects. ★ Balancing environmental protection with development process.