In an unprecedented lawsuit filedagainst the government of Sri Lankaby five infants aged between two-and-a-half months and two years,the Supreme Court recently orderedthe operators of a private powerplant to close down its generatorsfrom 10 pm to six am. The petitionfiled by the infants' parents inFebruary, had accused a diesel-powered electricity generating plant ofcausing excessive noise and air pollution through exhalation of fumes,dust and vibrations.
The polluting power plant is situated in the residential area of EtulKotte just outside Colombo city. It isoperated by a private company,Koolair Ventures Power (Pvt) Ltd, andit feeds the national grid under anagreement with the CeylonElectricity Board, the national powersupplier. The residents of Etul Kottecomplained that they couldn't sleepduring day or night because of thereverberating noise of generators.
The petitioners had accused thegovernment of failing to protect theirfundamental right to equal treatment.They alleged that they had been singled out for inhuman and degradingtreatment. With the enforcement ofemergency regulations because ofethnic insurgency in the northeast, allenvironmental laws in the countryhave been declared null and void. Thismeans that the people of Sri Lankacannot seek legal redress on the basisof environmental laws. To fulfil itspower requirements, the country issupplementing its excessive relianceon hydropower with thermal powergeneration through diesel and gas turbines.
The noise levels of the Koolairplant are way above those permittedby the law. The permitted noise levels are 60 decibels during the day and50 at night. But measurements takenby the Central EnvironmentalAuthority, the government's pollution regulating body and theEnvironmental Foundation Ltd, apublic interest law firm dedicated tothe protection of environment, shownoise levels to be between 70-100decibels even during night.