Thirty five residents living in close proximity to the Muthurajawela Sanctuary have petitioned the Supreme Court seeking an Interim Order directing authorities not to store or dump garbage in the area.
The petition was fixed for support on July 20 when it came up before Chief Justice Priyasath Dep and Justice Anil Gooneratne.
The petitioners cited Colombo Municipal Council (CMC), CMC Municipal Commissioner, Urban Development Authority (UDA), Central Environment Authority (CEA), Wattala Pradeshiya Sabha and six other parties as respondents.
The petitioners further stated they and their families and other residents living close to the Muthurajawela Sanctuary have been severely affected and continue to be affected by a series of acts or omissions of the CMC and other authorities.
The petitioners said that on April 20, 2017, they got to know that the authorities have taken action to dump garbage without proper authority or following procedure.
The petitioners said Muthurajawela is a declared sanctuary by the government under the Flora and Fauna Protection Act by gazette dated 31.10.1996 and is also a large paddy field that consists of water canals, marsh lands and forest mangroves.
The petitioners stated that by dumping garbage into the sanctuary without following proper procedure, the authorities who allowed and commited such acts have violated the laws including section 33(1) and 34(1) of the Agrarian Development Act No.46 of 2000, section 7(1) (h) (i), section 7(1) (c) (ii) of the Flora and Fauna Protection Ordinance.
The said acts done by the respondents have infringed Fundamental Rights of the petitioners as well as of the members of the general public guaranteed to them by them by article 12(1) and 14(1) (g) and the Fundamental Right to life which is also constituted and guaranteed by the constitution of the republic.
The petitioners further sought a declaration on the respondents to take necessary action and appropriate steps to ensure that no garbage is deposited or dumped in Muthurajawela.
Senior Counsel Dr. Sunil Coorey appeared for the petitioners. Additional Solicitor General Sanjay Rajaratnam appeared for the respondents.
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