Environmentalists go to Court over air pollution

Wasantha Ramanayake

COLOMBO: An environmental activist and an environmental group sought the Supreme Court intervention for the effective implementation of the regulations to curb air pollution in Colombo, yesterday.

First petitioner Geethani Wijesinghe of Mirihana by way of a Rights Application complained to the Supreme Court of her Right to Life being continuously violated by the actions and omissions of the respondents with regard to the air pollution in Colombo.

Petitioners Geethani Wijesinghe of Mirihana and Environmental Foundation Limited, Kirullapone cited Environment and National Resources Minister Patali Champaka Ranawaka, the Central Environment Authority, Air Resources Management Centre (AirMAC) Director Anura Jayathilake, Transport Minister Dullas Alahapperuma, Traffic Commissioner General B. Wijerathna, Inspector General of Police Victor Perera and the Attorney General as respondents.

The petitioner complained that her life was under continuous threat due to the air pollution primarily from unregulated emissions from vehicles and toxic emissions from industries located in and around Colombo where she lived and practise her profession.

She sought the effective and active implementation of the National Environment(ambient air quality) Regulation 1994 and National Environment (Air Emission Fuel and Vehicle Importation Standards) Regulation No.1 of 2003 within a period specified by the court. The petitioner also sought the 1-5 respondents to promulgate comprehensive regulation to deal with the deteriorating ambient air quality.

She also sought court directives to the second respondent CEA to make available data and basic statistics on pollutant concentration on a monthly basis compiled by the second respondent and a declaration to the effect that request of payment for such data by the CEA was in violation of her right to the Freedom of Information.

The petitioner argued that the right to life will include the right to an environment conducive for such right and further included right to breathe quality air to support a quality life. She argued that the 1 to 7 respondents had an obligation in Law to ensure air quality in Colombo for public to lead a healthy life.

The petitioner argued that the failure to implement regulation there by allowing ambient air quality to deteriorate with vehicular emissions unchecked unregulated would deprive the petitioner of her right to life.

The petitioner stated that the maximum concentration of particular matter of 106 reported during February 4 to 10 was regarded as unhealthy for sensitive groups such as persons who were with heart and lung diseases, adults and children.

She alleged the data with regard to the concentration of Carbon Monoxide, Sulphur Dioxide and Nitrogen Dioxide were not available due to the instrument failures. She further stated that these emissions could cause various heart and lung disease.

Attorney-at-Law Wardani Karunarathne filed the petition.