SC directs GSMB Director General to suspend all licences issued to clay and sand miners
 

by Wasantha Ramanayake

The Supreme Court yesterday directed the Director General of the Geological Survey and Mines Bureau (GSMB) to suspend all the licences issued in connection with the clay and sand mining along the banks of the Ma-Oya and Deduru-Oya rivers in the Negombo and Chilaw areas.

Geological Survey and Mines Bureau (GSMB) Director General Weerawarnakulasuriya was present before the court with regard to the issuance of licence to mechanised clay mining along the banks of river Ma-Oya in the Negombo and Chilaw areas.

Chief Justice Sarath N. Silva PC questioned as to whether the Director General was not aware of the devastation caused to areas by the mechanised sand and clay mining. The CJ reiterated that the GSMB had overlooked its responsibilities and commended the efforts of the Environmental Foundation Ltd. Counsel Jagath Gunawardane for the Environmental Foundation Ltd., an added respondent, earlier drew the attention of the court to the issuance of the licence for mechanised clay mining by the GSMB despite the devastation caused by the mechanised sand mining in the area.

Accordingly, the court issued summons on the Director General of the GSMB. President's Counsel Srinath Perera for the Director General submitted that GSMB had issued four such licences for clay mining for the tile industry under the directions by the environment Ministry due to the pressure by the individual engaged in the tile industry. He submitted that these four licences had already been cancelled.

Jagath Gunawardane submitted that in terms of the licence the miners were permitted to dig unto the water bed, which would result in the salination of the ground water of the area. Once salinated, water could not be potable thus affect thousands of people. He submitted that plants such as "Wara" only growing in salinated environs were thriving on the area indicating the degree of salination.

The counsel submitted that GSMB had issued illegal licence to transport sand. He submitted that in terms of the Mines and Mineral Act the transport licence should bear the source of the mineral and always affiliate the particular mining licence. They were issued to persons who did not possess mining licence. He submitted that such illegal transport licences encourage the illegal sand licence. He submitted that although Negombo and Chilaw areas were free of illegal miners, illegal mining was taking place in large scale out side the Chilaw SSP Division.

SSP Chilaw Gamini Amarakoon submitted that such illegal mining was facilitated by a transport licence issued by the GSMB.

Negombo SSP Jagath Keenawinna submitted that the 17 backhoes had been arrested so far in connection with the illegal sand mining.

Petitioner H. D. C. P. Wijewardane filed the Fundamental Rights application against the suspension of his licence. He cited the Geological Survey and Mining Bureau, Katana Divisional Secretary, the Attorney General (AG) and the several persons, sand mining in the area whose licences had not been cancelled. DSG Ms. Bimba Thilakarathane appeared for the respondents.

Jagath Gunawardane with Ms. Shalini Ratwatte appeared for the EFL.

President's Counsel Srinath Perera appeared for the DG of GSMB.

The case was put off for June 6.