SC orders all cases against Adani wind power plants to be heard together

The Supreme Court yesterday ordered that all connected cases against Indian giant Adani’s wind power plants in Sri Lanka be heard together. 

This development follows the Fundamental Rights Application filed by the Wildlife Nature Protection Society (WNPS), which was taken up before the bench of five Supreme Court judges specially constituted at the request of the Adani group’s the legal team yesterday.

The cases have been schedulded for hearing on 15 and 29 October based on the agreement of all parties. 

By its petition, WNPS challenges the Cabinet decision announced on 6 May, wherein it was announced that the cabinet has decided on 7 March 2022 to grant approval for GOSL to enter into a Memorandum of Understanding (Mou) with the Adani group to develop the Mannar wind farm. 

The Cabinet decision further announced that approval had been granted to award the tender to Adani group and for GOSL to enter into a Power Purchase Agreement to purchase wind power from the Adani Group at $ cents 8.26 per KW unit for the next 20 years. 

In its petition, WNPS challenges the cabinet decision on several bases, including

1. That the procedure adopted is flawed – the decision to award the tender to the Adani group is based on an unsolicited proposal and not based on a competitive process. 

2. The project, if allowed to proceed will lead to irreparable ecological devastation not only to Sri Lanka but to the entire global humanity, since the project site lies directly in the path of the Central Asian Flyway, one of the key migratory bird passages in the world through which over 15 million birds fly every year, including critically endangered birds 

3. Mannar is a significant bio diversity sensitive area and a project of this nature will lead to irreparable environmental devastation

4. The Environmental Impact Assessment Report submitted to clear the project is not credible. That   it contains contradictions and inaccuracies

5. The EIA itself identifies three other alternative locations which are far more suitable for a wind farm in terms of less ecological devastation.

6. The price that the Cabinet has approved for power purchase ($ cents 8.26) is far higher than the cost offered by Sri Lankan companies for the recently tendered 50 MW wind farms

7. The project if implemented will have grave socio-economic consequences to the local communities of Mannar, particularly the livelihoods of the fishing communities. 

Sanjeeva Jayawardena President’s Counsel with Prashanthi Mahindaratne, Shanaka Amarasinghe, Dilumi de Alwis, Revan Weerasinghe and Rukshan Senadheera instructed by Amila Kumara appeared for WNPS.