July 12, Colombo: The Attorney General yesterday (11) informed the Supreme Court that the final decision on which company will get the tender for the 300MW Kerawalapitiya Natural Gas Power Plant will be made by the Public Utilities Commission of Sri Lanka (PUCL).
Deputy Solicitor General Milinda Goonetilleke, appearing for the Attorney General, said that the cabinet will only approve the recommendations of the technical evaluation committee to provide the tender.
This was stated when a fundamental rights petition filed against giving the tender for the construction of the power plant to a Chinese company without giving to a domestic company was taken for consideration.
The petition was taken up before a three-judge-bench of the Supreme Court comprising Justices Eva Wanasundera, Priyantha Jayawardena and Murdu Fernando.
The Fundamental Rights petition filed by the chairman of National Movement for Consumer Rights Protection in Sri Lanka Ranjith Withanage seeks an Interim Order directing the respondents to stay all further proceedings in respect of the tender for the construction of 300MW HFO/NG fired power plant at Kerawalapitiya.
Power and Energy Minister Ranjith Siyambalapitiya, the Secretary to the Ministry Suren Batagoda and several others have been cited as respondents.
President's Counsel Ali Sabry, appearing on behalf of the petitioner, said according to the Electricity Act the tender should be given to the lowest bid when awarding tenders.
By awarding the tender to a Chinese company while a local company has offered the lowest bid, there would be a loss of Rs. 40 billion and with the depreciation of the rupee the loss can go up to Rs. 80 billion, petitioner's attorney told the court.
The hearing of the petition was postponed to July 17.