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Hettiarachchige Premasiri and others v. Dehivala-Mount Lavinia Municipal Council

Country/Territory
Sri Lanka
Type of court
Others
Date
Feb 28, 2002
Source
UNEP, InforMEA
Court name
Mount Lavinia Magistrate Court
Seat of court
Mount Lavinia
Judge
Sumitrapala
Reference number
Case No.46086
Language
English
Subject
Waste & hazardous substances
Keyword
Waste management
Abstract
The petitioners stated that during around five years of time the respondents were dumping garbage in their area causing ill health, insect problems with rapid growing of mosquitoes and flies and polluted well water by mixing garbage with rain water. Further they stated that although they had informed the relevant authorities about this nuisance no step had been taken to solve the problem. Hence they pleaded for a Conditional Order halting this dumping of garbage, to make the said Conditional Order absolute and for an Interim Injunction to destroy the already dumped garbage with care. The public health instructor in charge stated that Dengue mosquitoes grew in the water and that removing garbage was a public service, which would create a greater nuisance if not done. It was stated that people living in the petitioners’ houses were facing illnesses because of the stink from the garbage. The well water was getting polluted by garbage left there by birds and other animals. Furthermore it was stated that diseases were being spread with the increase in mosquitoes and flies. The court was of the view that there was evidence that the petitioners’ houses were absolutely affected by this dumping of garbage. Both parties had accepted that a large amount of garbage was being dumped there every day. The court was not satisfied that the facts presented by the respondents were sufficient enough to set aside the interim Order. Furthermore, since the respondents had a long time to remove this nuisance but had failed to take any step towards a solution the court ordered the said Order to be an absolute Order. Furthermore the court ordered to cover the remaining garbage with soil so that the stink would be removed, to remove the said nuisance and to report to the court before two months.
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