Case number

SCFR 540/2008

The Dehiwala-Mount Lavinia Municipal Council filed this case in the Supreme Court against the Urban Development Authority “Sethsiripaya”, Battaramulla regarding the dumping of garbage in Karadiyana. The three Petitioners are the Dehiwala-Mount Lavinia Municipal Council, Mrs Sunethra Ranasighe – Mayor of Dehiwala and Wanniarachchige Gunawardana – The Municipal Commissioner of Dehiwala. Whereas the primary respondents were the Urban Development Authority along with the Waste Management Authority of the Western Province, the Moratuwa Municipal Council, the Kesbewa Urban Council, the Boralesgamuwa Urban Council, Golden Sunrise Pvt. Limited (8th respondent), the Board of Investment and the Permanent Secretary to the Cabinet of the Office of the Cabinet of Ministers.

As the Municipal Council is responsible for all utility services, health, thoroughfare, and public services of the residents within its area of authority, the addressing the issue of unfettered garbage disposal in Karadiyana was a matter of public interest.

The abovementioned Petitioner came into came into an agreement with Karadiyana Property Developers, in order to remove garbage collected at the land in Karadiyana since the year 2005. However, the Petitioners were subsequently made aware of an on going nuisance case No. 6304 filed in the Magistrates Court of Kesbewa which concerned 8 conditions which had to be fulfilled if the garbage was to be dumped at Karadiyana. It was at this point that the 8th respondent intervened and informed the Magistrates Court that it intended to implement a waste disposal project at this site in order to manufacture fertiliser and generate electricity. However, it must be noted that no such plan has been implemented to this date thus creating a public nuisance.

The Petitioners asked the court to issue an interim order on the 1st, 2nd and 8th respondents to bar them from preventing the Municipal Council dumping garbage at the Karadiyana site as per the guidelines laid out in the case No. 6304 by the Kesbewa Magistrate. It was also asked of the court to quash the cabinet decision and to vest the said land on the 1st Petitioner.

Subsequently the case was concluded in June 2012.

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