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Thursday, 2 November 2017 00:36 - - {{hitsCtrl.values.hits}}
By S.S. Selvanayagam
The Supreme Court yesterday (1) directed the Director General of the Department of Wildlife Conservation to formulate a map of the Muthurajawela sanctuary taking into account the gazette already published in this regard.
The bench, comprising Chief Justice Priyasath Dep and Justices Eva Wanasundera and Vijith K. Malalgoda, also granted leave to proceed with the fundamental rights petition against the steps to dump garbage in the Muthurajawela sanctuary.
Leave to proceed is granted for the alleged infringement of the fundamental right to equality. The matter is fixed for hearing on 12 March.
Thirty-five petitioners who live in close proximity to the Muthurajawela sanctuary cited the Colombo Municipal Council, its Commissioner, the Urban Development Authority, Central Environment Authority, Wattala Pradeshiya Sabha, Commissioner General of Department of Agrarian Development, Director General of the Department of Wildlife Conservation, Irrigation Department Director General, Assistant Divisional Secretary, Geological Survey and Mines Bureau and the Attorney General as respondents.
Dr. Sunil Cooray with Keith de Mel appeared for the petitioners. Senany Dayaratne appeared for the CMC. Gamini Marapana PC with Navin Marapana appeared for the intervenient-petitioners Mel Waththa Property Developer Ltd, P.A. Ajith Panditharathna and K.A. Don Anurudha Perera.
The petitioners state that Muthurajawela is a declared sanctuary and the region supports 192 distinct species of flora and 209 distinct species of fauna as well as another 102 species of birds.
They state it is also a large paddy field which amounts to 635 acres and consists of water canals, marsh lands and mangroves amounting to 7,000 acres and the forest.
They allege that without considering the protest by the petitioners, the respondents have taken steps to allow and facilitate the vehicles which carry garbage to enter the Muthurajawela sanctuary without any proper approval or authority to dump garbage with the assistance of 300 Police and Special Task Force personnel.