Sterlite issue: NGT forms independent panel, Vedanta against appointment of retired Tamil Nadu judges

Senior advocate CA Sundaram, appearing for the Vedanta Group, said to the NGT that any retired HC judge from outside could be appointed to head the panel.
Sterlite Industries Ltd's copper plant in Tuticorin. (File Photo | Reuters)
Sterlite Industries Ltd's copper plant in Tuticorin. (File Photo | Reuters)

CHENNAI: The Principal Bench of the National Green Tribunal (NGT) on Monday remitted the plea of Vedanta Limited, challenging closure of its Sterlite copper plant in Thoothukudi, to an independent committee to be headed by a former judge, which will pronounce its verdict in six weeks. 

The committee will also include representatives of the Central Pollution Control Board and Union Environment Ministry.  

The NGT Bench, headed by chairperson Adarsh Kumar Goel, said the panel had been formed to ascertain whether a “credible mechanism can be involved whereby rival contentions can be balanced and a view taken.” 

“We are of the view that in substitution of the impugned orders, we have to hear before an independent body and remit the matter for fresh consideration before the committee,” the Bench said, which empowers it to visit the site and consider technical data, if necessary.

Meanwhile, there have been arguments over who will be the retired judge to head the committee. Retired judges of the Madras High Court Justice K P Sivasubramanian and Justice K Chandru were considered.

Senior advocate CA Sundaram, appearing for Vedanta, suggested that any retired HC judge from outside TN can be appointed to head the panel, as everyone in this State has made some comments on the issue.

The Bench, however, said it would decide the name after consulting the probable names and after verifying whether they have made a comment on this. 

To a query from Justice Goel, the Tamil Nadu Pollution Control Board (TNPCB) said Sterlite posed an environmental threat. In reply, the Bench asked where was the evidence.  

“What is the pollution that is there today? Have you produced anything to show pollution? Sorry to say but you have no material (to show pollution). It’s one-day job and we don’t agree that it takes so long...If you have no database how could you take such a coercive action?” the bench said.

Meanwhile, a joint inspection, conducted by the CPCB and TNPCB at the Sterlite plant on August 16 and 17, found that stored chemical of corrosive nature would pose a big threat to the surrounding areas.

In a statement, Vedanta’s spokesperson said: “We welcome the NGT’s decision to set up a credible mechanism by way of an independent committee that will consider the technical data required, assess the situation technically and provide its report in six weeks from today.

We are pleased that the NGT has again reiterated that access to the administrative units of its plant should be given to our employees. 

“Additionally, we also welcome the NGT’s decision that findings and recommendations of the committee will be final which will supersede all orders passed by the Tamil Nadu government so far.” 

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