Right to quality life violated, woman complains to court

Wasantha RAMANAYAKE

THE Supreme Court yesterday directed the Attorney General to convene a meeting of authorities to draft an action plan to strengthen proper city transport service with five terminals to park private vehicles at entry point to Colombo City in the rights plea filed by a resident.

She complained to the court that her right to quality life had been violated by the inaction of the authorities to maintain air quality in the city.

According to the court direction the AG should convene a meeting comprising Secretaries to the Ministries of Environment, Urban Development, the IGP and Commissioner of Motor Traffic to draw an action plan to limit the flow of traffic into the city having five terminals to park private vehicles at Kadawatha, Peliyagoda, Battaramulla, Maharagama and Rathmalana. The court stressed that the plan should be implemented by year 2010.

The Court also directed the AG to take into consideration the viability and possibility of converting two stroke motorcycle and three-wheeler engines to run by LP gas.

The out-come of the meeting should be reported to the court on November 9. Chief Justice Sarath N. Silva PC observed that the air quality of the city is deteriorating due to heavy traffic. The Chief Justice also stressed the need to have an efficient public transport system in the city.

The Bench comprised Chief Justice Sarath N. Silva PC and Justice Shirani Thilakawardane and Justice Andrew Somawansa.

Petitioners Geethani Wijesinghe of Mirihana and Environmental Foundation Ltd. Kirullapone cited Environment and National Resources Minister Patali Champika 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 petitioners sought the Supreme Court intervention for the effective implementation of the regulations to curb air pollution. The petitioners sought the first to five respondents to promulgate comprehensive regulation to deal with the deteriorating ambient air quality.

They 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 would include the right to an environment conducive to such right and further included right to breath quality air to support a quality life. She argued that the 1-7 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 thereby allowing ambient air quality to deteriorate with vehicular emissions unchecked and unregulated would deny the petitioner 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 with heart and lung diseases, adults and children.

She also alleged that the data with regard to the concentration of Carbon Monoxide, Sulphur Dioxide and Nitrogen Dioxide were not available due to instrument failures.

She further stated that these emissions could cause various heart and lung diseases.

Uditha Egalahewa instructed by Wardani Karunarathne appeared for the petitioners.

Deputy Solicitor General Bimba Jayasinghe Thilakarathne appeared for the respondents. The case will be mentioned on November 9.