Three eminent environmentalists, Rohan Pethiyagoda, Prof. Nimal Gunatilleke, and Prof. Sarath Kotagama, along with the Bishop of Mannar, Rev. Fr. Bastian, have jointly filed a fundamental rights petition (SCFR/167/2024) in the Supreme Court.
The petition, filed in the public interest, challenges the procurement and construction of the proposed 250 MW Mannar Wind Power Project in Mannar, reportedly awarded to Adani Green Energy PTE Ltd and/or Adani Green Energy S L Limited.
Naming 67 respondents including the Cabinet of Ministers, the Sri Lanka Sustainable Energy Authority (SLSEA), the Central Environmental Authority, the Board of Investments, the Ceylon Electricity Board, the Public Utilities Commission Sri Lanka, and the Hon. Attorney General among others, the case raises concerns regarding the credibility of the Environmental Impact Assessment (EIA) conducted for the project.
Furthermore, the petition questions the role played by the SLSEA, raises procedural issues in the awarding of the contract, and challenges the characterization of the project as a Government-to-Government deal.
Of particular concern is the negotiated tariff of USD 8.26 cents per kilowatt-hour for 20 years, significantly higher than the cost of USD 4.6 cents indicated in the EIA. This discrepancy may lead to considerable financial loss to the country and burden consumers.
In seeking relief, the petitioners pray for the Supreme Court to declare a violation of fundamental rights, deem the decisions to award the project to Adani as wrongful, and declare any consequential actions illegal.
Emphasizing the national interest, the petition states its purpose is to preserve and protect public property, including the environment, flora and fauna, public finances, and to safeguard the rights and freedoms of the general public of Sri Lanka and its future generations.
