Supreme Court approves garbage dumping site shift from Meetotamulla to Ekala

By S.S.Selvanayagam

The Supreme Court yesterday (9) granted approval to shifting of the location for the dumping of Garbage of the City of Colombo, subject to obtaining the relevant approvals and clearances. 

The Supreme Court has already granted leave to proceed with the fundamental rights petition complaining of the continuous dumping of garbage in Meetotamulla of Kolonnawa city area. 

The Bench comprising Chief Justice K.Sripavan, Justice Nalin Perera. 

The Colombo Municipal Council filed a motion for the approval of the Court therein it stated pursuant to evaluation the bids , the Municipal Council has now indentified a site at Othekele, Ekala submitted by L.A.Properties Ltd subject to obtaining the necessary clearances/approvals. 

It stated that the Cabinet Sub Committee on Economic Development has also instructed the Municipal Council to transfer the solid waste, an interim measure at the said site at Ekala.         

Eight petitioners who are residents of the area cited Colombo Municipal Council, Urban development authority, Western province waste management authority, Central Environment Authority, Kolonnawa municipal council and the Attorney General as Respondents. 

Saliya Peiris appeard for Petitioners and Senany Dayaratne for the Colombo Municipal Council and Commissioner, Rajeev Amarasuriya for the Waste Management Authority of the Western Provinc, Senior Additional Solicitor General Indika Demuni De Silva and Deputy Solicitor General Parinda Ranasinghe for the Central Environmental Authority and the Urban Development Authority and Uditha Egalahewa, PC for the Kolonnawa Urban Council. 

The Petitioner states Kolonnawa city is a highly residential area, with high population density (second only to Colombo) and laments that in the middle of this highly residential area is a huge and growing garbage dumping site, with a mountain of garbage, which has now grown to over 18 acres in extent. 

They state the garbage from the Colombo Municipal limits is brought and dumped into this mountain of garbage and that that approximately 750 to 1200 tons of garbage come into the site on a daily basis. 

They bemoan the stench is now becoming unbearable for the families and children and that there is a serious health hazard, with around 30 people of the area having died due to germs and dengue, rat flu, skin deceases, kidney diseases. Hundreds of other families are affected, and the affected numbers are growing daily; 

They maintain there are other sustainable solutions (other than the dumping of garbage in the aforesaid manner), which could bring an end to this problem, but that these measures are not being taken by the Respondents. They allege the Respondents are taking immediate measures to demolish another 100 houses to expand the site for a further 3 acres. 

They state that if the proposed expansion takes place there will be serious, immeasurable, irreparable and disastrous ramifications. 

They state there are persons and/or companies who are interested in purchasing the garbage (for money) and who will recycle the said garbage at their own expense in an environmentally friendly manner. However, such a move is being stopped by interested parties, due to corruption, they allege. 

In the circumstances, the actions and/or inactions of the Respondents in continuing to dump garbage in the aforesaid manner and/or failing to take meaningful steps to arrest and/or prevent the aforesaid situation is unlawful, violation of the rules of natural justice, mala fide and /or collateral purposes.

They are seeking the Court that the proposed expansion of the said dumping site is an imminent infringement of their fundamental rights.