Muthurajawela Sanctuary:
The Supreme Court yesterday further extended its Interim Order till July 25, preventing authorities including the Colombo Municipal Council (CMC) from dumping garbage in the Muthurajawela Sanctuary.
The three-judge-bench comprising Chief Justice Priyasath Dep, Justice Anil Goonaratne and Justice Nalin Perera made this order pursuant to a fundamental rights petition filed by 35 five residents.
These residents are living in close proximity to the Muthurajawela Sanctuary seeking an Interim Order directing the authorities not to store or dump garbage in the Sanctuary.
Additional Solicitor General Sanjay Rajaratnam appearing for the respondents informed Court that the CMC was not disposing garbage at the Muthurajawela Sanctuary.
The petitioners cited Colombo Municipal Council (CMC), CMC Municipal Commissioner, Urban Development Authority (UDA), Central Environment Authority (CEA), the Wattala Pradeshiya Sabha and six other parties as respondents.
The petitioners further stated that the petitioners and their families and other residents living in close proximity of Muthurajawela Sanctuary have been severely affected and continue to be affected by this dumping.
The petitioners further stated that the area in question is declared a sanctuary under the Flora and Fauna Protection Act by the gazette dated 31.10.1996 in recognition of its vast bio-diversity.
The petitioners further stated that Muthurajawela is also a large paddy field and it is consists of water canals, marsh lands and forest.
The register of the Agrarian Development Office of the area shows that the total extent of paddy fields in the Muthurajawela amount to 635 acres and a marsh and mangrove amounts to 7000 acres, the petitioners added.
The petitioners stated that by the said action of dumping garbage into the sanctuary without any authority or following proper procedures, the authorities who allowed and commits such acts have violated the Laws of the country 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 by the CMC have infringed Fundamental Rights of the petitioners as well as 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 and dumped in the Muthurajawela Sanctuary. Senior Counsel Dr. Sunil Coorey appeared for the petitioners.
Add new comment