COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

SRI LANKA

Sri Lanka - Public Interest

THE ENVIRONMENTAL FOUNDATION LIMITED AND OTHERS v. THE ATTORNEY-GENERAL AND OTHERS

SUPREME COURT OF SRI LANKA S.C.
APPLICATION NO. 128/91
G. P. S. DE SILVA, C. J., K.M.M.B. KULATUNGA, J., AND P. RAMANATHAN, J.

Introduction

Petitioners include residents of Nawimana and Weragampita villages in the South of Sri Lanka, as well as a company which is devoted to environmental protection. In 1987 The Southern Group took over a rock quarry near Petitioners' villages. Petitioners allege that they have suffered serious injury to their physical and mental health, and serious damage to their property, as a result of large-scale blasting which commenced at the quarry in 1987.

Among others allegations, Petitioners state that pieces of rock 20 centimetres in diameter were projected onto their village, that the blasting created unbearable noise, severe vibrations and thick smoke, destruction of homes, and harm to their health and livelihoods.

Petitioners argued that despite their complaints, the Government Agent, Matara, renewed the license for the quarry without giving the petitioners a hearing, that the Superintendent of Police, Matara did not exercise his powers to abate a public nuisance, that the Central Environmental Authority (CEA) did not exercise its powers under the National Environmental Act as the quarry's operator had not obtained a license from the CEA, that the Director of the Geological Survey Department and the Gramma Sevaka of the area failed to take action which they were empowered to take under the law despite petitioner's repeated complaints. These parties are all respondents in this action. Finally, petitioners argued that the quarry's owner and operator, the Southern Group, benefited from the executive action (and inaction) of the other respondents, and should pay to restore Petitioner's physical quality of life.

Petitioners claimed violations of their rights under various articles of the Constitution: Article 3 (sovereignty is in the people and is inalienable and includes fundamental rights); Article 11 (no person shall be subjected to cruel, inhuman or degrading treatment); Article 14(1)(g) (every citizen is entitled to freedom to engage in any lawful occupation); Article 14(1)(h) (every citizen is entitled to freedom of movement and choosing his residence).

After this action was instituted, CEA officials inspected the quarry, and met with petitioners' representatives. In December 1992, the parties informed the Supreme Court that a settlement had been reached.

Legislative Framework

Articles 3, 11, 14, 126 of the Constitution of Sri Lanka.

Held

The settlement is approved, and the application is dismissed without costs.

The Court listed the terms of the settlement. The number of blastings was limited to three days a week (Monday, Wednesday, Friday), and if there is a necessity to increase the number, the Monitoring Committee (two persons nominated by Petitioners, two persons from the Southern Group, the Gamma Niladhari of the villages of Nawimana and Weragampita, and the Government Agent, Matara) must approve the change. If the blasting cannot be done on one of these three days, it can be done on an alternative day suitable to the Southern Group if 24 hours written notice is given to the Gamma Niladhari. Contingencies preventing a scheduled blasting include bad weather and inability of the police to be present.

Blasting will take place between 10:00 a.m. and 5:00 p.m. There should be at least a 20 second time lapse between each blasting, and electronic detonation and the safety fuse method must be used. The depth of a bore hole cannot exceed 8 feet. The number of blastings per day is not stipulated.

The police must maintain a monthly report detailing the total quantity of explosives used, the depth of bore holes, the dates on which blastings occurred, the commencement and close of blasting, the methods used for blasting, the number of bore holes on each day, and any complaints petitioners make. This report is maintained on the premises of the quarry, and certified by the site manager.

The settlement also discussed secondary blasting, maximum noise and vibrations, as well as the operation of the crusher. The crusher operation should be a continuous wet process, and the CEA shall include in the environmental protection license a condition requiring the construction of a sound barrier around the crusher. Finally, a siren should be sounded three times before blasting commences and after blasting is completed.