The Court of Appeal has issued an order in the nature of writ certiorari, quashing the Environmental Protection License (EPL) issued to a bus repair garage situated in a Residential Area in Pannipitiya.
The Court of Appeal two-judge-bench comprising Justice Mohammed Laffar and Justice K.K.A.V. Swarnadhipathi observed that the concerned EPL had been issued by the Chairperson of Maharagama Urban Council contrary to the National Environmental Act, No. 47 of 1980 for the reason that the said garage is situated in a Residential Area contrary to the Zoning Plan.
The Court further held that the EPL has been issued to the bus repair garage based on alleged misrepresentative founding of the Technical Evaluation Committee of the Central Environmental Authority.
The Court of Appeal made this order pursuant to writ petition filed by Udeni Janaka Perera, a resident of Pannipitiya complaining that an individual named Janaka Kumara Elvitigala is operating a bus repair garage causing serious health hazards to the residents in the area..
The petitioner states repairing of buses and spray painting were carried out in an open area.
The petitioner further alleged that the garage is situated in a Residential Area identified under the Development Plan. The petitioner argued that operating a garage is not identified as a permissible user under the said Development Plan.
