sterline plant tuticorin

In Setback for TN Govt, NGT-Appointed Panel Says Closure of Sterlite Plant ‘Not Justified’

The three-member committee found that the state’s order was against ‘natural justice’ since it had not given the company a notice or substantial time to respond ahead of the sealing.

New Delhi: A probe ordered by the National Green Tribunal (NGT) into the closure of Sterlite’s copper plant in Thoothukudi has described Tamil Nadu’s decision to shut down the plant as “not sustainable.”

According to The New Minute, the three-member committee headed by former Chief Justice of Meghalaya high court Tarun Agarwal, found that the state’s order was against ‘natural justice’ since it had not given the company notice or substantial time to respond to the closure order.
“The state government may give several reasons for closing down the unit. But the closure is not justified,” the committee reportedly found.

A bench headed by NGT chairperson Justice Adarsh Kumar Goel took notice of the report and directed both Vedanta, the firm which owns the plant, and the state to file its responses within a week’s time, The Hindu reported.

Also read: How Modi Government Helped Vedanta’s Sterlite Plant Bypass Environmental Norms

The committee, which also comprises scientists Satish C. Garkoti and H.D. Varalaxmi, however, directed the firm to set rules for carrying out waste management. The panel also asked the Central Pollution Control Board to ensure the firm’s compliance with pollution norms.

“The report submitted by the committee states that there are no sufficient grounds for closure. This was purely a political move and the report is favourable to Sterlite,” said senior advocate Aryama Sundaram, who argued for Vedanta Ltd. “The court has also given a recommendation to the company and TNPCB. They have directed that the air and groundwater quality must be constantly monitored.”

A spokesperson for the ruling AIADMK, however, told a Tamil news channel that the development was not a setback for the state government which had “sought the opinion of legal experts and only then proceeded with its decision to close down the plant.”

The panel’s report on the plan’ts closure was submitted to the NGT on Tuesday. Following Vedanta’s petition challenging Tamil Nadu Pollution Control Board’s decision to seal the plant, the green tribunal in August constituted the ‘independent body’ to look into it. According to The News Minute, the next date for hearing has been slotted for December 10, however, as per sources, affected parties have asked for an earlier date.

Meanwhile, the apex court on November 20 dismissed a review petition filed by the state over NGT’s decision to allow Vedanta to challenge the closure order.

Observing that allowing access to the administrative section would not cause any environmental damage, the green tribunal on August 9 allowed Vedanta to enter its administrative unit inside its Sterlite copper plant.

Also read: ‘In Thoothukudi, the Choice Before People Was to Die of Cancer or Bullets’

The state government challenged the NGT’s order in the Supreme Court.

In its August 9 order, the NGT said that the plant would remain closed and the company would not have access to its production unit. The NGT directed the district magistrate to ensure this.

The Tamil Nadu government on May 28 ordered the state pollution control board to seal and “permanently” close the mining group’s copper plant following violent protests over pollution concerns.

Sterlite’s factory had made headlines in March 2013 when a gas leak killed one person, besides injuring several others. Following the incident, then chief minister J. Jayalalithaa ordered the factory’s closure.

The company appealed to the NGT which however overturned the government’s order. The state moved the Supreme Court against it, which then ordered the company to pay Rs 100 crore as compensation for polluting the environment.

After Sterlite announced its plans to expand Tuticorin plant, villagers in the area started fresh protests that continued for over 100 days. The agitation culminated in the May 22 police firing on protestors that claimed 13 lives and left scores injured. Following these protests and police firing, the plant was closed on March 27.

(With PTI inputs)

Sterlite Plant Will Not Be Re-Opened: Tamil Nadu Government

Fisheries minister Jayakumar said the local people were against the plant, and therefore the government took a decision to seal it “in line with the sentiments of the people of Tuticorin.”

Chennai: The Tamil Nadu government on Saturday asserted that the Sterlite Industries’ plant in Tuticorin would not be re-opened as its policy decision to seal the Vedanta Ltd unit was in line with people’s sentiments.

This comes on a day when a three-member panel appointed by the National Green Tribunal (NGT) and led by former Meghalaya high court Chief Justice Tarun Agrawal, is slated to visit the copper smelter plant in the southern district.

“Our stand is that once it is closed, it is closed. A policy decision was taken by the government and based on that the plant was sealed. They (Vedanta) have moved the NGT against the sealing and a panel was formed. We have moved the Supreme Court saying not even that panel is required,” fisheries minister D. Jayakumar told reporters here.

Jayakumar said the local people were against the plant, and therefore the government took a decision to seal it “in line with the sentiments of the people of Tuticorin.”

“Once closed, it is closed. There is no chance of re-opening it by the government,” he asserted.

The Tamil Nadu government had ordered a permanent closure of the copper smelter plant on environmental grounds in the wake of protests by locals.

The locals held protests demanding the closure of the Sterlite factory for 99 days and the agitation turned violent on May 22 on its 100th day leading to 13 agitators being killed in police firing.

The state government had last Tuesday urged the Central Pollution Control Board to postpone today’s visit of the expert committee to the closed Sterlite Industries, citing pendency of its appeal in the SC against the NGT order setting up the panel.

In its communication to CPCB, the Tamil Nadu Pollution Control Board (TNPCB) referred to pending cases in the Supreme Court against the NGT order on setting up the panel.

Earlier, the state government had also rejected the Centre’s report on groundwater contamination in Tuticorin in the backdrop of the Sterlite controversy, saying it was “absolutely vague” and seemed to support the Vedanta unit which was “totally unwarranted.”

It had said the state “strongly feels that the report is motivated and has been prepared only to prejudice the Tamil Nadu government and the TNPCB cases in various judicial fora.”

To a query, Jayakumar rejected archrival DMK’s contention that the ruling AIADMK’s September 25 protest against Congress and DMK on the Sri Lankan Tamils issue was a bid to divert attention from corruption charges faced by the ruling dispensation.

The AIADMK has announced state-wide public meetings on September 25 seeking ‘trial’ of DMK and Congress for “war crimes” against Tamils in the 2009 Sri Lankan civil conflict.

Jayakumar said the meetings were not an attempt at diverting attention from anything “as we have nothing to hide.”

“Certain truths have to be told to the people at the right time,” he said.

The old political issue has been revived by the AIADMK in the backdrop of the recent remarks of former Sri Lankan president Mahinda Rajapaksa that the Indian government helped his country during the final war against the Liberation Tigers of Tamil Eelam (LTTE) in 2009.

Rajapaksa was at the helm when the nearly 30 year-old ethnic strife in Sri Lanka ended in 2009 with the defeat of the LTTE while the DMK was part of the Congress-led UPA that ruled India then.

The AIADMK had on September 19 adopted a resolution at a meeting here alleging DMK and Congress were responsible for the killings of thousands of Tamils during the war.

“Now that Rajapaksa has openly admitted to all secrets, the DMK-Congress coalition government aiding the killings of 1.5 lakh Tamils and rapes of thousands of Tamil women should be treated as war crimes and those involved should be made war criminals and given punishment,” it had said.

Jayakumar sought to know why the DMK had not warned Congress of withdrawing support seeking ceasefire then, and said had this been done, “the 1.5 lakh lives would have been saved.”

Sterlite Plant: SC Asks NGT to Decide Merit, Maintainability After Committee Report

The top court said the NGT should consider these issues after a three-member committee, constituted by the green panel to look into environmental compliance and other issues of Sterlite plant, submits its report.

New Delhi: The Supreme Court Monday asked the National Green Tribunal (NGT) to decide on the merits and maintainability of the issue raised by the Tamil Nadu government on Vedanta’s plea challenging the closure of its Sterlite plant at Tuticorin.

A bench of Justices R.F. Nariman and Indu Malhotra said it has already asked the NGT to consider the issues of merit and maintainability.

“Since our order is not mentioned in the NGT’s order of August 20, we need to remind the tribunal that once the report of the committee comes, it will decide the issues of merit and maintainability,” the bench said.

Senior advocate C.A. Sundaram, appearing for Vedanta, said he had no problem if the NGT decides both the issues as all relevant materials were with them.

“You have not brought our earlier order to the notice of the tribunal. We say so, as it does not find mention in the order of tribunal. We are only on one point, that our order has to be obeyed,” the bench said.

Sundaram said they also wanted that the top court’s order should be complied with. “We have brought it to the notice of tribunal,” but it has gone ahead and constituted the committee.

“How can the court go ahead without deciding the maintainability,” the bench said and added that the Water Act provides that the matter should be heard by the tribunal.

Senior advocate C.S. Vaidyanathan, appearing for Tamil Nadu, said the parties can go to High Court also.

Sundaram said let there be no committee and the arguments on the issues of merit and maintainability should be held before the NGT.

When the bench asked the parties about their objections to the committee, Vaidyanathan said he had an objection.

The bench then said it will pass order and directed the NGT to decide the issues of merit and maintainability.

On August 31, the green panel had appointed former Meghalaya high court Chief Justice Tarun Agrawal as the head of a three-member committee to decide on Vedanta’s plea challenging the closure of its Sterlite copper plant at Tuticorin.

The apex court had on August 17, refused to entertain Tamil Nadu government’s plea against the NGT order allowing mining major Vedanta access to the administrative unit inside its closed Sterlite copper plant at Tuticorin and asked the NGT to “finally decide” the matter. It had said that the NGT would hear the matter on merits and also on the issue of maintainability raised by the state government.

The tribunal had on August 9 allowed Vedanta to enter its administrative unit inside its Sterlite copper plant, observing that no environmental damage would be caused by allowing access to the administrative section.

The state government had challenged the NGT’s order in the apex court.

In its August 9 order, the NGT had said that the plant would remain closed and the company would not have access to its production unit and directed the district magistrate to ensure this.

The Tamil Nadu government had on May 28 ordered the state pollution control board to seal and “permanently” close the mining group’s copper plant following violent protests over pollution concerns.

Sterlite’s factory had made headlines in March 2013 when a gas leak led to the death of one person and injuries to several others, after which then chief minister J. Jayalalithaa had ordered its closure.

The company had appealed to the NGT which had overturned the government’s order. The state had moved the Supreme Court against it, which had then ordered the company to pay Rs 100 crore as compensation for polluting the environment.

After Sterlite announced its plans to expand Tuticorin plant, villagers around it started fresh protests that continued for over 100 days, culminating in the May 22 police firing on protestors that claimed 13 lives and left scores injured. Following these protests and police firing, the plant was closed on March 27.