IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Writs in the nature of Writ of Certiorari and Writ of Mandamus under and in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

CA (Writ) Application No: 1. Center for Environment Justice, (Guarantee

349/2020 Limited)

No.20/A, Kuruppu Road, Colombo 08.

2. Withanage Don Hemantha Ranjith Sisira Kumara, Executive Director, Center for Environmental Justice, No.20/A, Kuruppu Road, Colombo 08 PETITIONERS -VS-

1. Marine Environment Protection Authority, 177, Nawala Road, Colombo 05.

2. Central Environmental Authority, No.104, Denzil Kobbekaduwa Mawatha.

Battaramulla.

3. Board of Investment of Sri Lanka, Level 24, West Tower, World Trade Centre, Echelone square, Colombo 01.

4. Inspector General of Police, Police Headquarters, Colombo 01.

5. Officer-in-Charge, Grandpass Police Station, St.Joseph's St, Colombo.

6. Municipal Commissioner, Colombo Municipal Council, Dr.C.W.W.Kannangara Mawatha, Colombo 07.

7. Kaburupola Engineering and Constructions, No.696/1, Thalduwa, Awissawella.

8. Hon. Attorney General, Attorney General Department, Colombo 12.

RESPONDENTS Teejay Lanka PLC, Block D8-D14, Seethawaka Export Processing Zone, Industrial Park, Awissawella.

INTERVENIENT-RESPONDENT Before: M. T. Mohammed Laffar, J.

S. U. B. Karalliyadde, J.

Counsel:

Dr. R. Dabare with S. Ponnamperuma instructed by Ms. Samadhi Hansani for the Petitioners.

V. de Abrew, ASG PC with Ms. N. Kahawila, SC for 1^st to 5^th and 8^th Respondents.

T. K. D. de Silva for the 6^th Respondent.

N. Abeyratne, PC with L. Asanthi instructed by Asanka Dayarathne for the 7^th Respondent.

Kalinga Indatissa, PC with Mahesh Senaviratne instructed by FJ&G de Saram for the Intervenient-Respondent.

Argued: By way of Written Submissions.

Written submissions tendered on:

14.09.2023 by the Petitioners.

08.09.2023 by the 6^th Respondent. 31.10.2023 by the 7^th Respondent.

12.09.2023 by the Intervenient-Respondent.

Decided on: 04.04.2024. S.U.B. Karalliyadde, J.

The 1^st Petitioner, the Centre for Environmental Justice, is a Company limited by guarantee and duly incorporated under the Companies Act, No. 07 of 2007 and has instituted this Writ Application in the public interest to ensure compliance with environmental protection laws, regulations and procedures and to ensure the performance of the Respondents’ entrusted duties and obligations. On or about

11.07.2020, the 1^st Respondent, the Marine Environment Protection Authority (the MEPA) received information that 19 bowsers filled with wastewater sludge originated from the Intervenient-Respondent, Teejay Lanka PLC situated at Seethawaka Industrial Zone were scheduled to be transported to Madampitiya to be pumped to the sea using Madampitiya Sewerage Pumping Station. The Teejay Lanka PLC contracted the services of Kaburupola Engineering and Constructions, the 7^th Respondent for the removal, transportation and discharge of the sludge to the Madampitiya Pumping Station. Ten out of nineteen bowsers were dispatched and five of them (vehicles bearing Nos. LK-2654, LL-1992, LM-6318, LL-8225 AND LO-5730) were apprehended by the MEPA, Special Task Force and the Environmental Police Unit of the Grandpass Police Station. By the time the other bowsers had already pumped the wastewater sludge to the sea through the Madampitiya Pumping Station and left the premises. The five bowsers that were apprehended and the drivers were handed over after a complaint was lodged at the Grandpass Police Station in terms of the Marine Pollution Prevention Act, No. 35 of 2008. A permit dated 19.12.2019 marked as P7 has been issued to the 7^th Respondent by the Colombo Municipal Council to dispose of the sewage at the Madampitiya Pumping Station prior to the alleged incident. However, in terms of that permit, only sewerage from toilet pits and other similar sources is permitted to be discharged, but oil, grease, acid or any other effluent other than sewage is n