Setback for Tamil Nadu: NGT panel says shutting Sterlite plant not justified

Headed by Tarun Agarwal, former Chief Justice of the Meghalaya High Court, the expert committee observed that the state government had neither served any notice nor given Sterlite an opportunity to present their side of the case. 

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Setback for Tamil Nadu: NGT panel says shutting Sterlite plant not justified
On May 24, TNPCB ordered the closure of the Sterlite plant. (Image: Reuters)

In Short

  • The Sterlite copper plant in Tuticorin was shut down in May after protests
  • Several anti-Sterlite protesters were killed in violent protests that rocked Tuticorin
  • The locals have said that the copper plant has contaminated water bodies in the area

In a setback to the Tamil Nadu government, a three-member team appointed by the National Green Tribunal (NGT) to probe the closure of the Sterlite copper smelter in Tuticorin has said the closure is not justified and is against natural justice.

Headed by Tarun Agarwal, former Chief Justice of the Meghalaya High Court, the expert committee observed that the state government had neither served any notice nor given Sterlite an opportunity to present their side of the case.

On hearing the matter, the bench presided by Justice Adarsh Kumar Goel directed Vedanta and the Tamil Nadu government to file its responses to the report within a week and has posted the case for December 7 for further hearing.

Speaking to reporters, Ariama Sundaram, counsel for Sterlite Vedanta said the closure of the plant was purely a political move and the report of the expert committee is favourable for reopening of the plant.

"The report says that the closure of factory was not justified and there were no grounds made out for the shutting down. Certain recommendations have been given to the company and the Tamil Nadu Pollution Control Board (TNPCB) on waste management and monitoring ground water and air quality in the region," he said.

On May 24, TNPCB ordered closure of the Sterlite plant under provisions of Section 33 A of the Water (Prevention and Control of Pollution) Act, 1974, and Section 31 A of Air (Prevention and Control of Pollution) Act, 1971.

Subsequently, the state government endorsed the TNPCB directive of closing the unit citing constitutional provisions to 'protect and improve the environment' and in 'larger public interest'.

Anti-Sterlite People's movement, a collective of people advocating the shutting down of the plant, has expressed disappointment and termed the report predictable.

"We had expressed our doubts about the neutrality of the committee by way of an application at the NGT which was summarily dismissed without a proper hearing. We are disappointed, though, with the Hon'ble NGT's refusal to share a copy of the Committee's report with the interveners", said Professor Fatima Babu, one of the interveners in the case.

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