Preventing garbage dumping at Karadiyana:

SC overules Kesbewa Magistrate's order

Wasantha Ramanayake

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 locations.

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 the respondents.