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Govt. won’t proceed with controversial CEP3 tender, AG informs CA
View(s):By Namini Wijedasa
The Government will not proceed with the controversial tender to award the third section of the Central Expressway, and will call fresh bids for the project, the Court of Appeal (CA) was informed this week.
The undertaking was given on Tuesday by the Road Development Authority (RDA) and the Minister of Highways through the Attorney General’s Department. It was recorded in Court that no steps will be taken to grant the tender and that the project will only proceed with new tenders being called in accordance with the law.
The writ application regarding CEP3 was taken up before Justices Sobitha Rajakaruna and Dhammika Ganepola. Two activists, Sandun Thudugala and Renuka Sampath, had petitioned the CA seeking several reliefs including an interim order preventing the awarding of any contract in relation to the proposed CEP3 from Rabukkana to Galagedara.
They were acting in their private capacity for and on behalf of the public who, as Sri Lankan citizens, are called upon to pay taxes as well as meet transportation costs, loan repayments and public debt.
Being satisfied with the undertaking by the RDA and Minister of Highways, through AG, that fresh tenders will be called according to law, the petitioners agreed to withdraw the case.
The respondents were the RDA; the Highway Minister, a joint venture consortium called Lanka Infrastructure Development Consortium (LIDC) consisting of Access Engineering Ltd, MAGA Engineering (Pvt) Ltd, International Construction Consortium (Pvt) Ltd, K D A Weerasinghe & Company and NEM Construction (Pvt) Ltd; and MCC International Incorporation Ltd China.
Senior Counsel Hiran de Alwis with Kusal Kuruvitage and Randhini Fernando appeared for the petitioners upon instructions of I R P De Silva. Senior State Counsel Manohara Jayasinghe appeared for the RDA and Minister of Highways. Uditha Egalahewa, PC, with Nisal Kohona appeared for the fourth respondent, MCC, instructed by Chandrakumar de Silva.
The petitioners had pleaded that the economic viability of CEP3 is causing grave concern to them and the public “who will be called upon to repay for government procurement and/or agreements”. They maintained that its economic viability is marginal, whereas the financial commitment to the country and debt repayment burden cast upon them and the public are colossal.
The petitioners had also said they believed there were attempts to expedite CEP3 “especially in the background of the present economic decline at a very significantly inflated and increased cost”.
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