Preventing garbage dumping at Karadiyana:
SC overules Kesbewa Magistrate's order
The Supreme Court yesterday overturned the Kesbewa Magistrate's order
that had prevented Dehiwala-Mount Lavinia Municipality from disposing
municipal waste at Karadiyana dumping site in Kesbewa until June 29.
The Bench comprised Justice Nimal Gamini Amaratunga, Justice Saleem
Marsoof PC and Justice S.I. Imam.
The Court also directed the Registrar of the Supreme Court to inform
the Police Legal Director SSP Gamini Dissanayake, the Police
Headquarters and the OICs of the Piliyandala and Boralesgamuwa of the
Supreme Court order.
The Court noted that it would make order considering the serious
consequences that would follow from the order of the Kesbewa
Magistrate's Court issued on Monday.
Counsel Upul Jayasuriya for the petitioner submitted that the
Municipality would collect around 200 tons of garbage daily from the
Municipality limits and handover them to a private company that managed
the Karadiyana disposal site.
He submitted that following a complaint to the Magistrate's Court
Kesbewa by Environment Foundation Ltd., that the dumping site had not
been managed properly and become a health hazard to the residents in the
area, the Kesbewa Court made an order on Monday preventing the local
authorities including the Municipality from disposing municipal waste at
the site until June 29.
The counsel submitted that the Magistrate's order had created a
serious health hazard within the Municipal area since there was no
alternative site to dispose the daily collection of around 200 tons of
garbage. He submitted that the garbage disposal program had come to a
grinding halt; some vehicles filled with garbage idling at various
The petitioners Municipality and its Mayor Sunethra Ranasinghe and
Municipal Commissioner filing a motion added UDA, Waste Management
Authority, the Secretary to the Plan Implementation Ministry,Moratuwa
Municipality and Kesbewa Urban Council as respondents.
Counsel Upul Jayasuriya instructed by Priyalal Sirisena appeared for