A fundamental rights petition filed by 35 residents close to the Muthurajawela Sanctuary seeking an Interim Order directing the authorities not to store or dump garbage in the sanctuary, was yesterday fixed for support on July 5.
When the petition came up before Chief Justice Priyasath Dep and Justice Buwaneka Aluwihare, Court was informed that the respondents were yet to receive documents pertaining to the petition.
The petitioners cited the 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 that residents close to the Muthurajawela Sanctuary have been severely affected and continue to be affected by series of acts or omissions of respondents.
The petitioners stated that on or about April 20, 2017, the petitioners came to know that the authorities without taking any preventive measures against the illegal acts in the sanctuary, has taken steps to dump garbage instead, without a proper authority or following a proper procedure.
The petitioners stated that Muthurajawela is a declared sanctuary by the government under the Flora and Fauna Protection Act by the gazette dated 31.10.1996 in recognition of its bio-diversity.
The petitioners stated that Muthurajawela has a large paddy field and consists of water canals, marshy lands and a forest.
As per the register of the Agrarian Development Office of the area, the extent of paddy fields in Muthurajawela amounts to 635 acres and marsh and mangrove amount to 7000 acres, the petitioners said.
The petitioners stated that by dumping garbage in the sanctuary without any authority or following property procedures, the authorities who allowed and committed 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 respondents have infringed Fundamental Rights of the petitioners as well as of the public guaranteed to them by article 12(1) and 14(1) (g) and the Fundamental Right to life guaranteed by the Constitution. The petitioners sought a declaration on the respondents to take action and steps to ensure that no garbage is dumped in the Muthurajawela Sanctuary.
Senior Counsel Dr. Sunil Coorey appeared for the petitioners. Additional Solicitor General Sanjay Rajaratnam appeared for the respondents.