The industrial waste discharge to the Kumbukkan Oya by the Green Walts (Pvt) Ltd, owned Dendro Power Plant have badly affected 10,000 families who depend on these water for their livelihoods, and almost 3500 acres of paddy lands.
The Dendro Power Plant is a joint venture between Mr. Beiging Full Dimension Power Tech Company Ltd .,and its Sri Lankan counterpart.
This gliricidia sepium driven thermal power generation venture is expected to generate 10 Mega Watts of power, but it at present produces only 4 MW. The main purpose of this power project is the development of renewable energy and ensur ing 70,000 MW to the national grid. This is a multi-purpose project to launch a vast gliricidia agricultural project, enable livestock development without using agro-chemicals and improveme forest cover. However as at today, the pollution of the Kumbukkan Oya waters has became the net result. Since gliricidia is in short supply, there is the likely hood that, other timber species will be used which eventually will have serious impact on the country at large.
The Chinese company said that it uses only rainwater and ground water and this claim has since been proven false.
Power generation
The Kumbukkan Oya waters feeds an area of 2111 square kilometers. Its anicut was built in 1952 and later it developed into a colonisation scheme. For the Kumbukkan Oya water pollution, the Central Environmental Authority and other state agencies are responsible.
The Kumbukkan Oya waters are the main source for the livelihood of the people in the area and all other agricultural purposes. The emission of fumes from the power house is injurious to the health of the people.
Political patronage
A 50-acre land belonging to the JEDB was released to the Chinese Company and there were allegations against the then Chief Minister Shashendra Rajapaksa on the alienation of the land. There was no licence obtained from the Environmental Authority for the Chinese Project. The machinery for the power project was imported by the COSCO Shipping Project Logistics Co.Ltd. through the Hambantota Port free of charge. Of the 131 employees 65, are Chinese. 70% of the income of the Power project goes to the Chinese Company and only 30% is remitted to Sri Lanka as per the Agreement.
Unfortunately no government authority look s into the water pollution by the Chinese Company.
The inherent right of the Kumbukkan Oya to remain unpolluted is inviolable and such have been upheld in New Zealand and India among other countries.
As per section 27 (14) of the Sri Lanka Constitution, the Government is bound to protect the Kumbukkan Oya, prevent the pollution of its water, and ensure its quality for the benefit of future generations.
Therefore, in terms of Section 28E of the Constitution of Sri Lanka every citizen has the right to ensure the inviolability of the Kumbukkan Oya and to give effect to ensure it the people must get-together and struggle. Also an injunction could be issued against the discharge of industrial waste to the Kumbukkan Oya in terms of Section 2(6) of Act No. 61 of 1939.
Legal action
The Police and the PHIs could also initiate legal action in a Magistrate Court under Section 20 of this Act. The Pradeshiya Sabha too could pursue action under Sections 78 and 100 of the Pradeshiya Sabha Act No. 15 of 1987. The relevant provisions of this Act could be invoked to deal with the pollution of the Kumbukkan Oya water.
The unauthorised occupation of land reserved for Kumbukkan Oya could have been prosecuted under the State Lands Ordinance No. 8 of 1947.
The set up of the power generations company has violated the provisions of the National Environment Act No. 53 of 2000 as amended by Act No. 47 of 1980. All such violations could be dealt with according to law and punishment meted out.
Finally, the provisions of the National Water Supply and Drainage Board Act No. 2 of 1974 too have been violated in the setting up this power generation company.
While most of the Legislative Acts are being violated, the State agencies continue to be mute despite the suffering of the affected inhabitants.
A greater harm is anticipated when 15,000 acres of land in Magampura Port area will be utilised to set up Chinese factories.
The writer is an environmental activist and the Convenor of the Movement for Land and Agriculture Reform (MONLAR)
Translated by Michael Kitthampahuwa