HC Revision 42/2008
This is a revision application against an action for public nuisance which was instated under Section 98 of the Criminal Procedure Code Act upon a complaint made to the Sapugaskanda Police Station about the operation of a metal crushing machine in a metal quarry in the Mabima area. The Petitioner states that the Magistrate ordered the Central Environmental Authority (CEA) to produce a report on the matter and that it disclosed that the metal quarry was capable enough to be continued without causing a nuisance to the residents nearby. Parties entered into a settlement before the magistrate. The Petitioner stated that the Plaintiff in this matter has sold his land which was situated closer to the metal quarry and therefore no nuisance was caused to him by the operation of this quarry and sought for an order for the settlement of terms to be dispensed with. The learned Magistrate refused the application and accordingly, the Petitioner filed this revision application.
The Environmental Foundation Limited (EFL) provides legal assistance to the Respondents of this matter and stated that the public nuisance still continues and that the continuous metal quarry operation using crushing machines would cause severe environmental damage as well. Therefore the application was sought to be dismissed and the case was brought before the High Court of Gampaha. The High Court of Gampaha declared that the matter be returned to the Gampaha Magistrates Court. The Gampaha Magistrates Court decided in favour of the Petitioners and ordered the Metal Quarry to cease operation.