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Notice issued on CEA, RDA

by Wasantha Ramanayake

The Court of Appeal issued notice on the Central Environment Authority (CEA) and the Road Development Authority (RDA) in a Writ Application filed by villagers of the Gelenigama, Bandaragama seeking to quash the approval of the CEA to construct the Colombo-Matara Express-way from Weediyagoda to Kolamediriya through Gelenigama.

The Bench comprised Justices Shirani Thilakawardane and P. Wijeratne.

The Petitioners including M.D. Amaradasa of Gelenigama cited the CEA, RDA and Attorney General as respondents.

They claimed that they were villagers of Gelenigama and were surprised to find out that the second respondent RDA was surveying village lands for the construction of the express way. According to the Environment Impact Assessment (EIA) Report Gelenigama was never subjected to the said assessment study.

Petitioners claimed to have been aware that in terms of the Original Trace (OT) by the RDA, the express way fell over Weedagama which was subjected to the EIA. They further stated that the Weedagama villagers were heard at the time of the environment assessment study However, Gelenigama was not so heard and no assessment was done in Gelenigama.

They claimed that social impact in implementing the project through Gelenigama was greater in relation to the implementing it through Weedagama. Around 50 families in Weedagama would be affected whereas 150 families in Gelenigama would be permanently displaced if the project to be implemented through Gelenigama.

Petitioners stated that steps would be taken in the near future to acquire their lands for the said project and consequently, they would suffer irreparable damage.

Petitioners prayed for a Writ of Prohibition preventing the second respondent from taking steps to construct the express way through Gelenigama and a stay order against second respondent from so doing until the final determination of the application.

J.L. Weliamuna instructed by Ms. Nilanthi de Silva appeared for the Petitioners.

The inquiry was fixed for September 19. 

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