Issuance of sand mining permits: SC orders GSMB to follow requirements

By Lakmal Sooriyagoda 
The Supreme Court on Tuesday (22) issued an interim order preventing the Geological Survey and Mines Bureau (GSMB) from giving effect to a controversial decision to do away with the requirement to get environmental clearance from the Central Environmental Authority (CEA) before granting, renewing or extending sand, soil and gravel mining permits.

The court granted leave to Environmental Foundation (Guarantee) Ltd and the Wildlife and Nature Protection Society of Sri Lanka to proceed with its lawsuit, which petitioned the Supreme Court that the fundamental rights of the people of Sri Lanka would be harmed by the resulting free-run for harmful sand mining that would harm riverbeds, take away cultivation rights of farmers and livelihoods, deplete fresh water tables and supplies through increased salinisation and even create environmental migrants by rendering fertile lands unusable. 

The petitioners complained that the damage caused is enormous and cannot be easily reversed. The petitioners urged that the actions of the GSMB to take away the safeguard was contrary to law and should not be permitted for the sake of future generations.

The court, having heard submissions from both sides, granted leave to proceed for the violations of Articles 12(1), 14(1)(g) and 14(1)(h) and fixed the case to be taken up for hearing on July 21. 

The Supreme Court three-judge bench comprised of Justices Preethi Padman Surasena, Mahinda Samayawardhana and Arjuna Obeyesekere. Senior Counsel Viran Corea, with counsel Thilini Vidanagamage, instructed by Lakni Silva, appeared for the petitioners. Senior State Counsel Rajitha Perera appeared for the GSMB and other respondents.