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| Saturday, 31 July 2004 |
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CA stays construction of mini-hydro power plant by Wasantha Ramanayake The Court of Appeal yesterday stayed the construction of the Bomuru-ella Mini-Hydro Power Plant in the Kandapola Seetha-Eliya Forest Reserve until August 24. The order was a sequel to an application by the counsel for the petitioner Environmental Foundation Ltd. The Bench comprised Justices Saleem Marsoof PC and S. Sriskandharaja. The petitioner cited Central Environmental Authority (CEA), Conservator-General of Forests of the Forest Department, Ceylon Electricity Board and the Manikawita Hydro-Power Development Pvt. Ltd. as respondents. Counsel Ms. Ruana Rajapakse for the petitioner foundation submitted that notice had been issued on all the respondents. However, third and fourth respondents were absent and unrepresented. Deputy Solicitor General Bimba Jaysinghe Thilakarathne appearing for the first and second respondents CEA and Conservator-General of Forests respectively submitted that she would not object to the granting of the interim order. The counsel submitted that CEA published newspaper notice in March informing the public that it had decided to grant the approval to the project on the basis of the Initial Environmental Examination Report (IEE). The counsel submitted that the report recommended further studies to be carried out since area was prone to environmental hazards including the earth slips/landslides. She contended that in terms of the National Environmental Act that the CEA should have called for a Environmental Impact Assessment (EIA) since IEE had recommend further studies to be carried to evaluate the slope stability and to identify the areas prone to earth slips. She further contended that the EIA had to be made available to the pubic and the public should have been given an opportunity to comment on prior to decision being taken. The counsel submitted that the CEA and the Conservator-General approved the project on erroneous basis without given such opportunity to the public to comment prior to the publication of the notice of approval in the newspapers. The petitioner sought to quash the approval granted by the CEA and to call for a EIA report in respect of the project to be made available for the public comment. The counsel submitted that the project to be implemented in an area that was rich in biodiversity at an elevation 1,750 meters above the sea level. The project also fell within an important catchment area and would require felling of approximately 1,420 trees. Ruana Rajapakse instructed by Paboda Rajakeeya appeared for the petitioner. Deputy Solicitor General Bimba Jaysinghe Thilakarathne appeared for the first and second respondents. The notice would be returnable on August 23. |
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