CHENNAI: The reports of the various committees, constituted by the National Green Tribunal (NGT), in support of the Sterlite Copper Smelter unit in SIPCOT in Thoothukudi, cannot be ignored, the Vedanta Group has submitted in its rejoinder to the counter-affidavit filed by the State government, on Wednesday.
The counter was filed in response to a batch of writ petitions from Vedanta, challenging the orders dated May 25, 2018 of the State government, directing the closure of the unit in Thoothukudi.
In its rejoinder, Sterlite stated that the reliability of these reports, which had members from the TN Pollution Control Board (TNPCB), Central Pollution Control Board (CPCB) and Union Ministry of Environment and Forest (MoEF), cannot be questioned even though they had been made on a directive by a body which did not have jurisdiction as there is no illegality in the fact finding made by these panels.
Further, the inspection report for renewal of the consent order, which was issued by the Joint Chief Environmental Engineer, Tirunelveli, of the TNPCB on February 27, 2018, had recommended renewal of the petitioner’s consent to operate. In any event, the TNPCB, having acted on the said report insofar as its obligations were concerned as contained therein, it is now not open for the government to challenge the same as being not-relevant and inadmissible.
The government had yielded to the pressures from NGOs and activist groups operating for their own ulterior purposes and profits and as a knee-jerk reaction, rejected the consent and directed closing down and disconnection of power supply of the petitioner’s unit, the rejoinder said, and added that the conduct of the government was deplorable and should not be countenanced by the High Court.
The valuable contributions made by the petitioner unit to the State exchequer had unfortunately not been taken into account for oblique reasons and the same will dampen the spirit of investment in the State, the firm said.
There had to be a finding of pollution at the end of the petitioner unit to deny its fundamental right to conduct its business legally. The order dated May 28, 2018, closing down a vital industry is in direct contravention of principles of sustainable development, which has been recognized as constitutional mandate, the rejoinder said.
The case will come before Justices T S Sivagnanam and V Bhyavani Subbaroyan on Thursday.