CHENNAI: The Centre Thursday informed the Madras High Court that the Tamil Nadu government has not understood properly the essence of its 'Groundwater Quality Report' released after assessing water quality in and around the area where the Sterlite Copper Industry was located in Tuticorin.
The conclusions arrived at by the Central Groundwater Board (CGWB) has not ruled out pollution by the Sterlite Copper Smelting Plant nor does it, at any point contradict the findings of the Tamil Nadu Pollution Control Board investigations, CGWB regional director C Paul Prabhakar said in a counter-affidavit.
The state government had approached the court seeking quashing of the groundwater quality report released in July.
A division bench of justices M M Sundresh and Krishnan Ramasamy, before which the counter was filed, posted further hearing of the matter to November 19.
In his counter, Paul Prabhakar submitted that "As the scientific team could not enter the premises of Sterlite Copper Industry for collection of samples, it was not possible for them to establish a direct linkage between the ground water contamination and the effluent seepage from the plant as has been stated in the report."
"While undertaking the assessment of groundwater quality at Tuticorin, the CGWB never had any intention to prejudice or interfere in legal and other matters of the state government or to help any private organisation or entity."
"On the other hand, it was firmly believed that the said report, when considered in conjunction with the findings of the state government, would bring out more clarity on the groundwater situation in the area and will help the state government in taking necessary remedial and preventive measures," he added.
Prabhakar said the state filing a plea before the court against the Centre was not maintainable and according to Article 131 of the Constitution, the state has to approach the Supreme Court.
Therefore, the petition was not maintainable and liable to be dismissed, he contended.
In case of any difference of opinion from the state government, the appropriate course of action was to express views for amicable resolution for healthy centre-state relations, he said.
Prabhakar said the CGWB was the apex National Organization under MOWR, RD&GR mandated to monitor and implement national policies for sustainable development and management of the country's groundwater resources, including assessment of its quality.
Accordingly, CGWB undertakes various investigations including regular monitoring of ground water level and water quality to facilitate scientific management of the resources.
The reports were being shared regularly with the state governments for information and follow-up action, he added.
The state government has rejected the report on groundwater contamination in Tuticorin, saying it was "absolutely vague" and seemed to support the Vedanta Ltd unit which was "totally unwarranted."
Thirteen people were killed in police firing on May 22 and 23 after protests for closure of the plant over pollution concerns turned violent in the port city.