The Future of sustainable construction in Sri Lanka : an assessment of public interest litigation under the environmental law

Abstract

The global push for sustainable development exerts significant pressure on the construction industry to adopt sustainable practices. This necessitates a balanced approach that considers environmental stewardship, social consciousness, and economic viability when making decisions, especially in developing nations like Sri Lanka. There's a growing recognition of the need for robust legal and administrative frameworks to address formulation and enforcement challenges in developing countries. Various international agreements advocate for sustainable construction alongside existing environmental law, crucial for achieving sustainable development goals. However, numerous studies highlight deficiencies in Sri Lanka's Environmental Impact Assessment (EIA) process, including legal loopholes, implementation hurdles, community awareness gaps, technological limitations, and insufficient public engagement. Additionally, Sri Lankan courts often draw inspiration from Indian jurisprudence, particularly regarding the evolution of Public Interest Litigation (PIL). This study aims to pinpoint these challenges and explore recommended practices in PIL to enhance sustainable construction in Sri Lanka. The research approach involved a thorough examination of literature, documentaries, case law review, and qualitative survey to achieve the research aim. To identify key shortcomings in the application of environmental law in Sri Lanka, a semi-structured survey involving expert interviews was carried out. Seven experts, selected through purposive sampling, were chosen for their expertise in sustainable construction and environmental law in Sri Lanka. The gathered information was then analysed using a manual content analysis approach. The study uncovers the absence of a reliable PIL tool in Sri Lanka thus far. It recommends industry practitioners in the construction sector to adhere to EIA process, aligning with global standards to streamline their operations while meeting cost, time, and performance objectives. These findings serve as foundational insights for academics and researchers to explore strategies for integrating PIL within the Sri Lankan context and addressing shortcomings in the application of environmental law.