The National Green Tribunal (NGT) today remitted mining company Vedanta's plea, challenging closure of its Sterlite copper plant at Tuticorin, to a committee headed by a former judge. A bench headed by chairperson A K Goel said a credible mechanism, through which rival contentions can be balanced and final view taken, has to be evolved.
The green panel said that the committee, which will also include representatives of the Central Pollution Control Board and the Ministry of Environment and Forests, may visit the site and consider technical data.
The tribunal asked the committee to assume work within two weeks and decide the matter within six weeks. It noted in its order that it cannot be ignored that the copper smelting plant contributed to copper production in the country and employed 1,300 people.
"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.
It directed the Tamil Nadu Pollution Control Board to provide logistic support to the committee and said their remuneration would be determined by the state government.
The tribunal also said that the committee may hear intervenors MDMK general secretary Vaiko and K S Arjunan, who is Communist Party of India (Marxist) District Secretary in Tuticorin if they feel necessary.
Senior advocate C A Sundaram, appearing for Vedanta, suggested that any retired high court judge from outside Tamil Nadu can be appointed to head the committee, as everyone has made some or the other comment on the issue.
The bench, however, said it will decide on the name after consulting the probable names and after verifying whether they have made a comment on the issue or not.
At the outset, the Central Pollution Control Board told the bench that a joint inspection along with state pollution control board was carried out at the Sterlite units on August 16 and 17 which found that due to improper maintenance of the plant the stored chemical which is of corrosive nature would pose a big threat to the surrounding areas.
The state pollution control board told the bench that baseline date during 1994 was 3,120 milligrams per litre for total dissolved solid. The tribunal then asked the state pollution control board if the environment was under threat due to the plant.
When the TN pollution control board replied in the affirmative, the NGT asked what was the grounds.
"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.
The green panel also reiterated its earlier order allowing Vedanta to access administrative unit of its plant at Tuticorin. On August 9, the Tribunal had allowed Vedanta to enter the administrative unit inside its Sterlite copper plant at Tuticorin in Tamil Nadu, observing that no environmental damage would be caused by allowing access to the section.
The green panel had, however, said the plant would remain closed and the company would not have access to its production unit and directed the district magistrate to ensure this.
On July 30, the court had refused to grant any interim relief to Vedanta, which had challenged the Tamil Nadu government's order to permanently shut down its Sterlite copper plant in Thoothukudi, even as the firm termed the government action "political".
On July 5, the tribunal had issued notices to the state government and the pollution board seeking their responses after Tamil Nadu raised preliminary objections with regard to the maintainability of Vedanta's plea.
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.
Earlier in April, the Tamil Nadu Pollution Control Board had rejected Sterlite's plea to renew the 'Consent To Operate' certification, saying the company had not complied with the stipulated conditions.
At least 13 people were killed and several injured on May 22 when the police had opened fire on a huge crowd of people protesting against environment pollution being allegedly caused by the factory.
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