Court of Appeal orders Jaffna MC to curb air pollution

By Lakmal Sooriyagoda   

The Court of Appeal yesterday directed the Jaffna Municipal  Council to take necessary measures to reduce air pollution in the  municipal area, particularly by refraining from burning garbage.  

This order was made in connection with a writ petition  filed by Dr. Umasugi Nadarajah, a medical practitioner, which was taken  up before a two-judge bench of the Court of Appeal comprising its  President, Justice Rohantha Abeysuriya, and Justice K. Priyantha  Fernando.  

The Court of Appeal had earlier directed the Central  Environmental Authority to assess the air quality in the Jaffna area and  present its findings to the court.  

Accordingly, the Central Environmental Authority has  submitted its report and court was informed that according to this  report, air quality in several parts of the country is not at a  satisfactory level.  

The petitioner stated that according to the NBRO report on  “Monitoring of Ambient Air Quality Levels at Nallur Area, Jaffna” dated  June 19, 2023, the air quality severely exceeds WHO guidelines due to  domestic and vehicular activity between the hours of 6.00 a.m. to 9.00  a.m. and 4.00 p.m. to 6.00 p.m.  

The petitioner further stated that in terms of Section 46  of the Municipal Councils Ordinance, it is the statutory duty of the  Jaffna Municipal Council to satisfactorily maintain, cleanse and protect  from hazardous smoke emissions in all public streets and open spaces  vested in the Council, to enforce the proper maintenance, cleanliness  and repair of all private streets in that area.  

Senior Counsel Ravindranath Dabare appeared for the petitioner.