CHENNAI: In a setback to the Tamil Nadu government, the three-member independent committee
appointed by the National Green Tribunal (NGT) to probe closure of Sterlite copper smelter unit at Thoothukudi, has called the government orders ‘unsustainable’ and ‘unjust’ and favoured reopening of the plant.
The panel submitted the report to the NGT on November 20. The report came up before the tribunal on Wednesday. The NGT bench, headed by its Chairman Justice Adarsh Kumar Goel, read out the operative part of the report during the hearing, according to which the committee said: “The impugned orders of the State government cannot be sustained as it is against the principles of natural justice. No notice or opportunity of hearing was given to the appellant. The grounds mentioned in the impugned orders are not that grievous to justify permanent closure of the factory. Other issues raised also do not justify the closure of the factory even if the appellant was found to be violating the
condition as/norms/directions.”
The committee has listed 25 conditions to be imposed upon Sterlite by the NGT, if it opines the Sterlite unit should recommence production. While, Sterlite Copper CEO P Ramnath accepted the report and said the company’s stand had been vindicated, the TN government questioned the panel’s locus standi and termed the report ‘lopsided’.
Shambu Kallolikar, Chairman, Tamil Nadu Pollution Control Board and principal secretary, Environment, said the panel had overstepped its scope of inquiry and had no authority to pass judgemental views.
"NGT had asked the committee to go into the material produced by the parties on the issue of environmental compliance as well as impact on inhabitants, but instead the committee seems to have taken it upon itself to decide the case," Kallolikar said.
In fact, Sterlite's petition challenging government orders before the NGT is not maintainable, he said. "The GO directing permanent closure by the State government cannot be challenged in the NGT. It is a policy decision which we have taken and the pollution board has absolute authority to close down an industry which is found polluting and violating the norms under Air and Water Acts. Government decisions can be challenged only in the High Court or Supreme Court," he said, adding that the maintainability issue would be reiterated by State counsel on December 7, when the case will be coming up for final hearing.
"We will knock on the doors of the Supreme Court again, if need be," he said.
One of the intervenors Fatima Babu said: "It was ironical that the committee did not make any finding on pollution, hazardous waste mismanagement and greenbelt and other legal violations by Sterlite."
The NGT has sent the soft copy of the committee's report to the counsel for Sterlite, State government, TNPCB and Central Pollution Control Board by e-mail. Justice Goel refused to give the report
to interveners and said they were at liberty only to assist the State counsel.
The NGT will hear arguments on the committee's report on December 7 and pronounce its orders. However, the Supreme Court has also directed NGT to rule on the issues of maintainability raised by TNPCB and Tamil Nadu government.
Sterlite smells victory
"We, as a company, have always been environmentally conscious in every aspect of our operations and have followed all the regulations laid down by law. The NGT committee has followed due process to
independently investigate and hear both sides of the argument. They have submitted their report to the NGT and the operative paragraphs of the report were read out in the open court which mentioned that the orders passed by the TN government are against the principles of natural justice.
As a company, we have always been concerned about the well-being of our employees, the villages in and around our plant, our stakeholders and the people of Thoothukudi and shall always remain committed to the same. We hope that the verdict will now be given soon for life to come back to normalcy for the 25,000 families impacted by the closure. We thank all stakeholders and the people of Thoothukudi for their continued support," said Ramnath in a statement.
FACT FILE:
1. April 9: TNPCB rejects Sterlite's application for Consent to Operate under Air and Water Acts
2. May 22: Movement for closure for Sterlite factory turns violent on 100th day of the protest, 13 people die in police firing
3. May 23: GO passed directing TNPCB to disconnect electricity and water supply to the unit
4. May 28: The government orders sealing and permanent closure of the unit citing public interest
5. Sterlite factory in Thoothukudi closed since March 27
6. NGT to hold final hearing in the case on December 7
7. State government may approach Supreme Court, if NGT orders reopening of the factory.
Key recommendations of expert committee:
1. Sterlite should be directed to monitor groundwater quality, including heavy metals such as Arsenic, Cadmium, Silver, Copper, Fluoride, etc. in and around the factory premises and nearby villages once a month and such reports should be furnished to TNPCB. The sample to be taken from groundwater to be given to TNPCB must be taken in the presence of one TNPCB official.
2. Sampling of effluent/emission and solid waste should also be done by a monitoring group to be constituted by TNPCB comprising a representative of District Collector, an official of TNPCB, NGOs and academicians.
3. Copper slag dumped at all the 11 sites, including the Uppar River should be removed. If copper slag has been used for landfill purposes, then the excess amount of the slag over and above the level of ground to be removed and the landfill should be compacted with one feet of soil, so that the copper slag is not blown away by the strong winds.
4. The dead stock of copper slag and gypsum lying in the dump yard inside the factory premises which has solidified should be removed in a time-bound manner. Further, the company should ensure that the generation and disposal of copper slag and gypsum is maintained in the ratio of 1:1 and that the Company at best can retain 10 days generation of both in its dump yard.
5. The Tamil Nadu government/ TNPCB should collect data from their primary health centres and government hospitals to monitor the various ailments that are being complained of by people living in and around the factory premises.
6. Irrespective of the norms, stack height in any case be increased in order to remove the ambiguity and the grievance of inhabitants of Thoothukudi with regard to emission of Sulpur Dioxide. Till the stack height is increased, production of copper as well as sulphuric acid should be restricted/reduced to match
the existing stack height.
7. All the monitoring data, compliance reports of CTE/CTO/EC and environmental statement should be uploaded on the company's website.
8. TNPCB should be directed to commission "Regional Environmental Impact Assessment Study" in and around Thoothukudi district by engaging a reputed national agency.