The Supreme Court today delivered Judgement in a case filed by 7 Petitioners from the Eppawala area challenging the right of the state to go ahead with its controversial Phosphate Mining Project.
The Bench comprising Justices R. Amarasinghe, S.W.B. Wadugodapitiya and D.P.S. Gunasekara held that the Petitioners had established an imminent infringement of their fundamental rights under Articles 12(1), 14(1)(g) and (h). Exercising its powers under Articles 126(4) the Court directed the state agencies involved to desist from entering in to any contract until they had carried out a comprehensive exploration and study with regard to locations, quantity and quality of the phosphate deposit in consultation with the National Academy of Sciences and the National Science Foundation. It was directed that such results should be published.
The Court further directed that there after all project proponents should obtain the approval of the CEA in accordance with law including the judgements of the Court.
The Court stated that "Fairness to all including the Petitioners and the people of Sri Lanka" and not the comfort of the mining company should be the deciding factor. On having studied the proposed Mineral Investment and related agreement the Court went on to say, " What is attempted to be done is to contract out of the obligation to comply with the Law".
The state was ordered to pay Cost of Rs. 25,000/- to each Petitioner. The 5th and 7th Respondents were each ordered to pay Rs. 12,500/- to each of the Petitioners.
The Respondents to the application were, The Secretary, Ministry of Industrial Development, Board of Investment of Sri Lanka, Geological Survey and Mines Bureau, Central Environmental Authority, Sarabumi Resources (Pvt) Ltd, Lanka Phosphate Limited, Geo-Resources Lanka (Pvt) Ltd and The Attorney General.
Mr. R.K.W. Goonasekara with Ms. Ruana Rajapakse and Ms. Asha Dhanasiri instructed by Ms. Lilanthi de Silva appeared for the Petitioners.
Mr. S. Sripavan DSG with Ms. Bimba Tilakaratne, Ms. A. Navarthne appeared for the 1st, 2nd, 3rd, 4th, 6th, and 8th Respondents.
Mr. Romesh de Silva P.C. with Mr. Harsha Amarasekara and Mr. Caldera appeared for the 5th and 7th Respondents.
This case was filed with the Legal Aid provided by ENVIRONMENTAL FOUNDATION LTD (EFL).
For More Information
Mr.Hemantha Withanage/Executive Director
Environmental Foundation Ltd (EFL).
Tel/Fax 697226 or 074-616474