Mismanagement of solid waste:

FR case against CMC, WPC

Sandasen MARASINGHE

COLOMBO: The Supreme Court granted leave to proceed in a case filed against the Colombo Municipal Council (CMC) and 13 others by lawyers for Human Rights and Development alleging that the fundamental rights of Sri Lankans have been infringed by the failure of respondents to remove garbage from streets regularly and from mismanagement of solid waste within the Colombo city and in the Western Province.

The Bench comprised Supreme Court Judges Justice Shirani Bandaranayake, Justice Saleem Marsoof and Supreme Court Justice Jagath Balapatabendi.

Petitioner Kanchana Priyadarshani of Lawyers for Human Rights and Development (LHRD) cited the CMC, Colombo Mayor, Western Provincial Council Chief Minister Reginald Cooray, Minister Janaka Bandara Tennakoon and Minister Patali Champika Ranawaka and nine others as respondents.

LHRD of 233/1, Kotte Road, Colombo stated that according to Sections 129, 130 and 131 of the Municipal Councils Ordinance No. 16 of 1947 the Municipal Council is empowered to collect and dispose solid wastes generated within the Colombo City limits.

The petitioner stated that the respondents have failed to perform their obligations in respect of proper management and disposal of solid waste which has become a nuisance to citizens of the Western Province.

As a result of the mismanagement of solid wastes, the aesthetic value of the environment is being lost, public health is at danger, the leachate being discharged from solid waste dumps leads to contamination of ground water bodies, emanation of offensive odours, attraction of vermin, possible spread of diseases and emission of dangerous gases such as methane.

The petitioner stated that if irrational action by the society continues, social and environmental issues arising out of unmanaged solid wastes would be resolved and open dumping of solid wastes such as the Bloemandhal dump will continue threatening the public health and destroy the environment. The petitioner learnt that there was an agreement signed by the CMC and a private company for disposal of solid wastes.

The petitioner further stated that though garbage is required to be collected everyday, garbage is collected twice a week in most areas of the city.