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CEJ challenges through writ petition illegal landfills and dumping of waste in Muthurajawela wetlands

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State officials and environmentalists inspecting the damage the wetland has suffered

By Ifham Nizam

The Centre for Environmental Justice, through a writ petition in the Court of Appeal, on Tuesday, challenged the illegal landfills and dumping of garbage in the Muthurajawela wetlands .

CEJ Executive Director Hemantha Withanage said several factories located in and around the Muthurajawela wetland released their waste into the protected area.

Although some factories had been granted Environmental Protection Licences (EPLs), there was no proper monitoring system in place, Withanage said.

The Petitioners also stated that Environmental Impact Assessment Report (EIAR), required under the provisions of the National Environmental Act before starting projects close to protected areas, has not been prepared and the sanctuary and adjacent landscape was being illegally filled by several people in contravention of the provisions of Section 33(1) of the Agrarian Development Act and Section 07 of the Fauna & Flora Protection Ordinance.

Accordingly, the petitioners have requested the Court of Appeal to issue an interim order preventing people from filling up the Muthurajawela wetland and dumping garbage there and help clarify the legal status and demarcate the boundaries of the Sanctuary, Environmental Protection Area and the Wetland through a joint survey conducted by the Respondents and local administrators and to amend the Master Plan for Muthurajawela Marsh and Negombo Lagoon (1991) incorporating the necessary changes to reflect the present needs and to implement the amended Master Plan.

The Central Environmental Authority, Minister of Environment, Minister of Wildlife and Forest Conservation, Director General – Department of Forest Conservation, Conservator General of Forest, Commissioner General – Department of Agrarian Services, Director General – Irrigation Department, Inspector General of Police, Divisional Secretariat – Wattala, Divisional Secretariat – Negombo, Divisional Secretariat – Ja – Ela & the Attorney General have been named respondents in this case.

Withanage said that Wetlands were important habitats for a diverse plant and animal species.

The Muthurajawela Wetland is the largest coastal saline peat bog in Sri Lanka. It is a cradle of biodiversity, housing several endemic and nationally threatened species, provides an important area for migratory birds, in addition to offering a number of ecological and hydrological services. According to a study done by the International Union for the Conservation of Nature (IUCN), Muthurajawela has 209 species of fauna along with 194 distinct species of flora.



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New Court of Appeal Judge Sajeewani Dilka Lakmali Sworn In

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Ms Sajeewani Dilka Lakmali Karunannayake was sworn in as a Judge of the Court of Appeal before President Anura Kumara Dissanayake at the Presidential Secretariat this afternoon (03).

She previously served as an Additional Solicitor General at the Attorney General’s Department.

The appointment has been made to fill a vacancy on the Court of Appeal.

Secretary to the President Dr Nandika Sanath Kumanayake was also present on the occasion.

(President’s Media Division)

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Sun directly overhead Madampe, Thorayaya, Thotagamuwa, Rattota and Kalavanchikudy about 12.09 noon today (03)

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The sun is going to be directly over the latitudes of Sri Lanka from 28th of August to 07th of September due to its apparent southward relative motion.

The nearest places of Sri Lanka over which the sun is overhead today (03) are Madampe, Thorayaya, Thotagamuwa, Rattota and
Kalavanchikudy about 12.09 noon.

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22A: SC urged to suspend hearing, appoint full bench

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Attorney-at-Law Sugandhika Fernando, on behalf of the Vinivida Foundation, petitioned the Supreme Court yesterday (02), seeking a full bench, excluding Chief Justice Preethi Padman Surasena, to hear the petitions challenging the 22nd Amendment Bill. She also requested that the hearing be suspended immediately until the matter was fully heard and determined.

Among the respondents are Chief Justice Surasena, the first respondent, and Attorney General Parinda Ranasinghe. Justices Yasantha Kodagoda, Shiran Gooneratne, Achala Wengappuli and Priyantha Fernando have also been named as respondents.

The petitioner has sought to have quashed the decision of the first respondent to appoint a five-member bench, which she alleged was made in violation of the norms of public law. She also sought a bench comprising all Supreme Court judges, excluding those cited as respondents, to hear the special determination applications on the 22nd Amendment.

The petitioner further contended that Chief Justice Surasena, who is due to retire on December 1, 2026, would be the main beneficiary of the 22nd Amendment.

The hearing of the petitions continued for a second day yesterday (02) before a five-member Supreme Court bench comprising Chief Justice Preethi Padman Surasena and Justices Achala Wengappuli, Arjuna Obeyesekere, Sampath Abeykoon and Gihan Kulatunga.

The hearing, which commenced on Tuesday morning, continued for nearly 12 hours, until 10:30 p.m.

Solicitor General Viraj Dayaratne, appearing for the Attorney General, submitted yesterday that the Government had presented the 22nd Amendment Bill to the Constitution and the Judicature (Amendment) Bill with the objective of expanding and streamlining the country’s judicial system.

After the Solicitor General’s submissions concluded, counsel representing the petitioners requested an opportunity to respond to the Solicitor General and the intervening petitioners. However, the Chief Justice declined to allow the petitioners’ counsel to make further oral submissions, concluded the determination hearing and directed them to file written submissions instead.

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