Supreme Court terminates proceedings in the case against Colombo Port City Project
The Supreme Court last week decided to terminate the proceedings in the Fundamental Rights Application No. SCFR 151/2015, filed by the All Ceylon Fisher Folk Trade Union, represented by Attorney J.C. Weliamuna.
Chief Justice K. Sripavan and Justice K.T. Chitrasiri issued the ruling, taking the view that the petitioner had not satisfied court of any specific infringement of fundamental rights and that the allegations made in the petition were vague and had not been supported with sound scientific evidence.
The court said that if the Petitioner in future wants to complain of a specific violation by the state (by executive or administrative action) of any legal provision relating to the project, then the petitioners could make an application
In the ruling, it was also noted that in any event, the court has no expertise to believe the versions given by the "experts" of the Petitioners, namely, Prof. Jinadasa Katupotha, a retired Professor attached to the Department of Geography of the University of Sri Jayewardenepura, Ms. Carmel L. Corea, a Marine Zoology graduate from London, and Capt. O. L. Samaranayake, a Master Mariner, over the EIA and/or the Supplementary EIA done for the project, especially given that the EIA and the SEIA had been done by persons and institutions with the relevant expertise.
concerning such violation to court and the respondents would have the right to respond to the same.
Court took into consideration the submissions made by Dr. Avanthi Perera who appeared for the Attorney General and several other respondents and Dr. Asanga Gunawansa who appeared for the 10th respondent, the project company, that both the former Government and the present Government had approved the project, an Environmental Impact Assessment (EIA) as well as a Supplementary EIA (SEIA) had been done in connection with the project, and the required approval for the reclamation of the sea bed had been granted by the President under the State Lands Ordinance.
In the ruling, it was also noted that in any event, the court has no expertise to believe the versions given by the "experts" of the Petitioners, namely, Prof. Jinadasa Katupotha, a retired Professor attached to the Department of Geography of the University of Sri Jayewardenepura, Ms. Carmel L. Corea, a Marine Zoology graduate from London, and Capt. O. L. Samaranayake, a Master Mariner, over the EIA and/or the Supplementary EIA done for the project, especially given that the EIA and the SEIA had been done by persons and institutions with the relevant expertise.
Court also held that in the SEIA itself there is recognition that the issues, if any, faced by the fishing community needs to be addressed, and given the duty required of court to respect directive principles of state policy (concerning sustainable development), the petitioners should have a dialogue with the Secretary, Ministry of Megapolis and Western Development to see how best concerns regarding any impact on their livelihood should be addressed.