Environment taxes quashed

COLOMBO: The Supreme Court yesterday quashed the Gazette notification in connection with the Environmental Conservation levies on vehicles, bulbs and telecommunication, radio and television transmission towers.

However, petitioner Ven. Thiniyawala Palitha Thera was agreeable to the levy on cellular phones in order to set up a facility to recycle used mobile phones.

President’s Counsel Manohara de Silva on behalf of the Environment Ministry Secretary stressed the need for a mechanism to dispose of the hazardous waste material found in discarded mobile phones.

The Bench comprised Chief Justice Sarath N. Silva PC with Justice K. Sripavan and Justice P.A. Rathnayake PC.

Petitioners Ven. Maduluwawe Sobhitha Tthera, and Ven. Thiniyawala Palitha thera in their rights application cited several respondents including the Minister of Environment, the Central Environment Authority (CEA), its Chairman and Secretary of the Treasury and the Attorney General.

Counsel M.A. Sumanthiran for the petitioners submitted that taxes should not be duplicated. He submitted that the Finance Ministry should be responsible for the taxing; However, in this instance it had been delegated to the Environment Ministry and the people were subjected to duplicate taxing in violation of their rights. He submitted that the Non-Compact Fluorescent (CFL) bulb users are also taxed under the CFL bulb tax which is unfair.

The petitioners complained that the imposition of the Environmental Conservation tax is irrational and was in violation of the rights of the people. The petitioners also sought the Court direction to formulate a rational tax structure.

M.A. Sumanthiran with Sharmain Gunaratne appeared for the petitioners.

President Counsel Manohara de Silva appeared for the Secretary to the Environment Ministry.

Deputy Solicitor General Bimba Thilakarathne Jayasinghe with State Counsel Hijas Hisbullah appeared for the respondents.