Ex SC judge granted leave to proceed

Wasantha Ramanayake

The Central Environment Authority (CEA) would initiate legal action against the fire briquettes factory in Kalutara that operates without a valid environment protection licence, the Attorney General informed the Supreme Court when a rights application filed by a former Supreme Court judge was taken up yesterday.

Deputy Solicitor General Bimba Thilakaratne appearing for the CEA also submitted that the CEA would not issue a licence to operate a factory in violation of the environment regulations.

The court granted Leave to Proceed with the rights application for alleged rights violation under Article 12(1) and 14(1)(g) of the Constitution.

The Bench comprised Justice Dr. Shirani Thilakawardane, Justice K. Sripavan and Justice P.A Rathnayake PC.

Petitioner a former Supreme Court Judge, Ranjith Dheeraratne, and his wife cited 11 respondents including Central Environmental Authority and the Kalutara Municipal Council.

The petitioners complained that a factory located in Nagoda Road, Kalutara, that produces fire briquettes using saw dust and paddy husk, which used as a fuel to start and maintain fire, is illegally operated in violation of their rights as well as that of other residents.

Counsel Sanjeewa Jayawardane submitted that the factory is operated without a valid environment protection licence.

He submitted that the area, which was conducive for living, had been polluted due to particles emitted and the sounds emanated from the factory.

The counsel submitted that the machines make a loud noise, and release saw dust and paddy husk into the environment that has resulted in many residents of the area suffering from respiratory aliments.

He also submitted the residents are unable to sleep well due to the noise emanating from the machines.

Counsel Sanjeewa Jayawardane with Rajeev Amarasuriya and Lakmini Warshavithana instructed by G. G. Arulpragasam appeared for the petitioners.

DSG Bimba Thilakaratne Jayasinghe appeared for the CEA and the AG.

The inquiry was fixed for September 14.