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

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.