Case number

MC Kesbawa 6304

A public nuisance case was filed in the Magistrate Court regarding the Karadiyana Garbage Dumping Site. The council who appeared for the Karadiyana Property Development Company informed the courts that they cannot allow the Dehiwala-Mount Lavinia Municipal Council to dispose garbage at their site since they have not settled the money due to them for providing soil and machinery.

The Dehiwala-Mount Lavinia Municipal Council then gave an undertaking that they will settle the matter in two months. They also produced a Gazette Notification to effect that the Karadiyana site is being acquired by the government.

The Environmental Foundation Limited (EFL) submitted an affidavit from complainants together with a Police Complaint and photographs, and informed the court that the Maharagama Municipal Council is still disposing their garbage at Karadiyana and the Dehiwala-Mount Lavinia Municipal Council too, is violating the conditions imposed by the court.

The Court gave a three month time period to precede the activities of the Solid Waste Management Authority to initiate the project and the conditional order was extended upon them. Furthermore the Court directed them to comply with the order and make sure that no nuisance was being generated through garbage dumping.

Meanwhile the Cabinet of Ministers decided to allocate the land to the “Golden Sunrise” company.

Later, Golden Sunrise informed the Court that they had already acquired the land and approval has been granted to start all initial work. EFL strongly objected to this and highlighted that the legal requirement prior to starting any work is to first conduct an Environmental Impact Assessment (EIA).

The Kotte Municipal Council was allowed to be an intervenient party during the case and they were allowed to dump garbage in Karadiyana site based on certain conditions, while the Panadura UC was warned not to dump any waste within the site.

EFL stated in court that under the National Environmental Act, an EIA should be conducted on site by relevant authorities and solutions should have been given. However, as garbage dumping has continued without obtaining an EIA for over seven years by the Kotte Municipality, it has become an offence of the Criminal Procedure Code since garbage dumping has become a public nuisance.

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