Court orders Hayleys, ETL to not re-export waste containers

The Court of Appeal issued an interim order on Wednesday (31 July) directing Hayleys Free Zone Ltd and ETL Colombo Ltd to not move out or re-export any of the goods of the two alleged waste consignments lying at the Colombo Port and the Katunayake hub without prior approval of the Court.

A bench comprising Justices Yasantha Kodagoda and Arjun Obeysekara issued the order upon considering a writ application filed in connection with the alleged import of waste material. The Court also directed the Registrar to issue Notices to the Respondents returnable on 20 September, our court reporter said.

Following analysis of the exact nature of the material imported, the Court observed that consideration can be given on any decision, action or omission by the Central Environmental Authority (CEA), Director General of Customs and the Board of Investment (BOI) relating to these consignments, which could be seen to be “illegal, unreasonable or procedurally flawed.”

Petitioners Withanage Don Hemantha Ranjith Sisira Kumara, Executive Director, Centre for Environmental Justice and Centre for Environmental Justice (Guarantee) Limited had filed the writ application citing the CEA, the Customs DG, the BOI, Hayleys Free Zone Ltd, ETL Colombo Ltd and the Attorney General as respondents.

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