Syabas suit against Selangor to be heard Feb 11
Published: Jan 11, 2011 10:02 PM | Updated: Jan 12, 2011 9:04 AM
Syarikat Bekalan Air Selangor Sdn Bhd's (Syabas) RM471.64 million suit against the Selangor government pertaining to the concession agreement for the period between Jan 1 to Dec 31, 2009 will be heard on Feb 11.
The water concessionaire wants to increase the gazetted tariff of RM1.39 per cubic metre to the new agreed tariff of RM1.89 per cubic metre.
Syarikat Bekalan Air Selangor Sdn Bhd's (Syabas) RM471.64 million suit against the Selangor government pertaining to the concession agreement for the period between Jan 1 to Dec 31, 2009 will be heard on Feb 11.
The summon, filed at the High Court registrar here on Nov 10 through Messrs Soo Thien Ming, will be heard before High Court judge Anathanam Kasinather.
Syabas is seeking a declaration that based on the actual assessment of the concession agreement dated Dec 15, 2004, there was an amount of RM471,642,916 owed to it by the Selangor government for the period between Jan 1 and Dec 31, 2009.
In the suit, details of which were obtained by the media through a file search, Syabas is also seeking an immediate payment of the amount from the Selangor government.
Syabas also claimed that under the Dec 15, 2004 agreement between the Malaysian government and Selangor government, it was given a 30-year concession to buy treated water from water treatment operators and to supply the treated water to the distribution areas in accordance with the terms spelled out in the agreement.
Syabas wants to increase water tariff
Syabas said that on March 31, 2008, it sent a document to the defendant to support its application to increase the gazetted tariff of RM1.39 per cubic metre to the new agreed tariff of RM1.89 per cubic metre, for the third operations period from Jan 1, 2009 to Dec 31, 2011.
It claimed that the defendant had failed to inform the plaintiff (Syabas) whether it had agreed to increase gazetted tariff to the agreed tariff.
It also claimed that it had sent several letters to the defendant to claim compensations in line with the concession agreement but failed to get any satisfactory reply from the defendant.
In its affidavit-in-reply, the Selangor government, through the state secretary at that time Ramli Mahmud, said the suit by Syabas was an abuse of the court process, arguing that the water industry was undergoing restructuring as required by the Water Service Industry Act 2006 and the National Water Services Commission Act.
Ramli argued that the concession agreement did not automatically grant Syabas the rights to tariff adjustments because the federal government as well as the state government should first agree to it.
- Bernama
The summon, filed at the High Court registrar here on Nov 10 through Messrs Soo Thien Ming, will be heard before High Court judge Anathanam Kasinather.
Syabas is seeking a declaration that based on the actual assessment of the concession agreement dated Dec 15, 2004, there was an amount of RM471,642,916 owed to it by the Selangor government for the period between Jan 1 and Dec 31, 2009.
In the suit, details of which were obtained by the media through a file search, Syabas is also seeking an immediate payment of the amount from the Selangor government.
Syabas also claimed that under the Dec 15, 2004 agreement between the Malaysian government and Selangor government, it was given a 30-year concession to buy treated water from water treatment operators and to supply the treated water to the distribution areas in accordance with the terms spelled out in the agreement.
Syabas wants to increase water tariff
Syabas said that on March 31, 2008, it sent a document to the defendant to support its application to increase the gazetted tariff of RM1.39 per cubic metre to the new agreed tariff of RM1.89 per cubic metre, for the third operations period from Jan 1, 2009 to Dec 31, 2011.
It claimed that the defendant had failed to inform the plaintiff (Syabas) whether it had agreed to increase gazetted tariff to the agreed tariff.
It also claimed that it had sent several letters to the defendant to claim compensations in line with the concession agreement but failed to get any satisfactory reply from the defendant.
In its affidavit-in-reply, the Selangor government, through the state secretary at that time Ramli Mahmud, said the suit by Syabas was an abuse of the court process, arguing that the water industry was undergoing restructuring as required by the Water Service Industry Act 2006 and the National Water Services Commission Act.
Ramli argued that the concession agreement did not automatically grant Syabas the rights to tariff adjustments because the federal government as well as the state government should first agree to it.
- Bernama
View Comments0