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Jayawardena v. Akmeemana Pradeshiya Sabha and Others

País/Territorio
Sri Lanka
Tipo de la corte
Nacional - corte superior
Fecha
Sep 24, 1997
Fuente
UNEP, InforMEA
Nombre del tribunal
Supreme Court
Sede de la corte
Colombo
Juez
Amerasinghe, Wijetunge, Gunawardena
Número de referencia
[1997] LKSC 26
Idioma
Inglés
Materia
Cuestiones jurídicas
Palabra clave
Normas sobre ruido Derecho constitutional Emisiones acústicas Contaminación acústica Ruido de las aeronaves Ruido de vehículos
Resumen

In this case, the plaintiff challenged the decision of the Central Environmental Authority to withdraw its environmental licence which had been delivered for the construction of a metal crusher.

The plaintiff pointed out that he had received the licences from both the Central Environmental Authority and from the Pradeshiya Sabha and that he had started the building operation when the Central Environmental Authority withdrew its licence. The plaintiff argued that the decision to withdraw the licence was arbitrary and constituted a violation of his entrepreneurial freedom as provided by Article 14(1) of the Constitution.

The Supreme Court dismissed the appeal as they pointed out that the plaintiff had not received the trade licence which would have allowed him to start his activity and that he did not respect the recommendations of the Central Environmental Authority aimed at preventing noise and dust pollution arising from his metal crushing site.

Texto completo
Jayawardena v. Akmeemana Pradeshiya Sabha and Others.pdf
26.html