Court grants leave to proceed in environment conservation levies
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23/09/2008
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Daily Mirror (Sri Lanka)
The Supreme Court yesterday (22) granted leave to proceed with the rights petitions challenging the four new environmental conservation levies on all bulbs exceeding 40w except CFL, motor cycles and motor cars with internal combustion engine, cellular phones and television broadcasting and telephone transmissions.
The Bench which comprised Chief Justice Sarath N. Silva, Justices Ms Shiranee Tilakawardane and K. Sripavan also issued on interim order staying the imposition of the conservation levies. The matter was listed for hearing on December 1.
The Chief Incumbent of Nugegoda Nalandaramaya Ven. Thiniyawala Palitha Thera and Kotte Naga Viharaya Chief Incumbent Ven. Maduluwawe Sobitha Thera in their petition cited Finance Ministry Secretary , Minister of Finance & Planning Mahinda Rajapaksa, Central Environmental Authority, its Chairman Udaya Gammanpila, Environmental & Natural Resources Ministry Secretary M.A.R.D.Jayatilleke, Minister Patali Champika Ranawaka and the Attorney General as respondents.
TNL Television and Swarnavahini Television too had filed separate petitions against the environmental conservation levy on transmission towers.
Petitioners stated that the cost of living and expenses have risen rapidly over the past one and a half years due the several decisions made by the government headed by 2nd Respondent Mahinda Rajapaksa who was Minister in charge of Finance Ministry. They said that as a result of the above rapid and unbearable rise of prices of fuel, the prices of essential commodities and services including electricity charges and public transport fare kept on mounting.
They claimed that the aforesaid expenses are borne by the consumers by paying a higher rate for the essential commodities purchased and services obtained.
They stated that while the consumers were struggling to make ends meet with the mounting cost of living and burden of taxes, the Finance Ministry has issued the Gazette Notifications imposing even more levies purportedly under the Environment Conservation Act.
They pointed out that the mobile telephones and bulbs on which the present levies are imposed now are items used by the ordinary public who make use of them in their day to day transactions and thus do not fall even under the category of luxury items. They alleged that the Finance Ministry Secretary and the Finance Minister have further failed and/or neglected to prove to the public that these revenues levied for various purported purposes have been in fact expended for the said purposes. M.A.Sumanthiran with Viran Corea appeared for the petitioners.