Bishop of Mannar, environmentalists file FR against Adani wind power project

Wednesday, 12 June 2024 00:28 - - {{hitsCtrl.values.hits}}

In a significant move, Bishop of the Diocese of Mannar Rev. Emmanuel Fernando and three prominent environmentalists filed a fundamental rights petition in Sri Lanka’s Supreme Court yesterday against the proposed 250 MW Mannar Wind Power Project by Adani Green Energy.

The petition, lodged by environmentalists Rohan Pethiyagoda, Prof. Nimal Gunatilleke, Prof. Sarath Kotagama, and Bishop Rev. Fr. Fernando, seeks to halt the project on grounds of environmental and procedural concerns.

The petition, filed in the public interest, names 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, and the Attorney General.

The Petitioners have questioned the credibility of the Environmental Impact Assessment (EIA) conducted by the SLSEA and claimed the EIA was flawed and that the approval process lacked transparency. They also question the project’s portrayal as a Government-to-Government initiative with India

Additionally, the petition challenges the financial terms of the power purchase agreement, which set the tariff at $ 0.0826 per kWh, compared to the $ 0.046 per kWh cost estimated in the EIA. This discrepancy, they argue, could result in significant financial loss to the country and burden consumers.

Environmentalists warn that the project could disrupt the delicate ecosystems of Mannar, which is known for its rich biodiversity and as a vital stopover for migratory birds. The proposed construction site intersects with crucial wetlands and protected areas, including the Adam’s Bridge Marine National Park and the Vankalai Ramsar Sanctuary.

The Petitioners are seeking a Supreme Court declaration that the fundamental rights of the Petitioners and the citizenry have been violated. They are also asking for the decision to award the project to Adani Green Energy to be declared wrongful and for any consequential actions to be deemed illegal.

The petition emphasises that it has been filed in the national interest, aiming to preserve and protect public property, including the environment, flora, and fauna. It also seeks to safeguard public finances and uphold the rights and freedoms of the Sri Lankan populace and future generations.

This is the second legal challenge against Adani Green Energy’s wind power project in Sri Lanka. The first case was filed on 17 May by the Wildlife and Nature Protection Society (WNPS). Their petition also raised concerns about the environmental impact and lack of transparency, particularly emphasising the threat to Mannar’s unique biodiversity and its significance as a migratory bird corridor.

Despite these legal challenges, Sri Lanka’s Government has proceeded with the project, which includes a 20-year power purchase agreement with Adani Green Energy, set at $ 0.0826 per kWh. Critics argue that these inflated prices worsen the ongoing fiscal crisis and undermine public trust in governance.