CHENNAI: The National Green Tribunal (NGT) on Saturday quashed the Tamil Nadu government’s
order to close Vedanta’s Sterlite Copper smelter plant in Thoothukudi and directed the Tamil Nadu Pollution Control Board (TNPCB) to pass a fresh order of renewal of consent within three weeks.
It also entitled Sterlite to restoration of electricity for its operations.
The State government has decided to appeal the verdict before the Supreme Court. The 43-page judgement of the five-member bench, headed by NGT Chairman Justice Adarsh Kumar Goel, dismissed TN’s every argument, while passing harsh strictures.
The judgement says the grounds mentioned in the impugned orders can hardly be sustainable. “The statutory requirements of Consent to Establish and Consent to Operate are for the purpose of ensuring control of pollution. In the present case, TNPCB has adopted hyper technical approach unmindful of object of law.
So long as establishment (Sterlite) is complying with the Pollution Control norms and is willing to take further precautionary steps, Pollution Control Boards cannot arbitrarily close such establishments on hyper technicalities, as has been done in the present case.
We expect TNPCB to have more focused and professional approach in performing its regulatory functions,” the bench said, noting certain lapses and lack of clearances for Sterlite operations.
The NGT said the TN order could not be said to be a policy decision to close down the plant permanently as it relies upon and endorses the TNPCB order, which is under challenge.
Speaking to media at Omalur, near Salem, Chief Minister Edappadi K Palaniswami said, “The government will move the SC against the NGT verdict...”
Shambu Kallolikar, environment secretary and TNPCB Chairman, termed the judgement ‘deplorable’.
“It does not have a mention of green belt and chimney stack height violations. Each of the closure order grounds were set aside with two-line explanations. The board will seek government to pass an ordinance and explore possibility of issuing a fresh order with additional grounds. We will not open the factory come what may,” he said.
In a statement, Sterlite Copper CEO P Ramnath, welcomed the verdict. “We will study the order in detail and shall take all steps required to restart operations as per guidelines given by the court,” he said.
Vedanta has been told to deposit Rs 2.5 crores as a token amount for its failures. The NGT also directed it to spend Rs 100 crore apart from CSR activities within a period of three years for the welfare of inhabitants in the area.