Sterlite plant can’t open, need probe: SC
THE SC AGREED WITH TAMIL NADU AND STATE POLLUTION BOARD’S ARGUMENT THAT NGT WAS NOT AUTHORISED TO REPEAL THE STATE GOVT ORDER SHUTTING DOWN THE PLANT
NEWDELHI: The Supreme Court on Monday set aside the National Green Tribunal’ S(NGT) order allowing Vedanta Private Ltd to reopen and operate the controversial Sterlite Copper Plant in Thoothukudi, Tamil Nadu and said the green panel had no jurisdiction to issue such a direction.
A different bench of the court allowed an investigation by the Central Bureau of Investigation (CBI) into the death of 13 activists in police firing in May 2018, after protests against the plant’s operation turned violent.
The state government filed an appeal against an order of the Madurai bench of the Madras high court ordering an investigation by the federal investigation agency.
The move, a setback to Vedanta, was welcomed by activists who have been protesting the continued operation of the plant which they claim has polluted the town. Protests against the plant have been on since the mid-1990s, when it was decided to locate the smelter in the seaside town.
Anti-sterlite activist Fatima Babu said: “We are overwhelmed with joy. We were hopeful of getting justice in our fight.”
A bench led by Justice RF Nariman agreed with Tamil Nadu and the state pollution control board’s argument that NGT was not authorised to repeal the state government order shutting down the Sterlite plant.
The bench refused to give its opinion on the merits of the state’s order against Sterlite, though, and said Vedanta could approach the Madras high court with its plea to re-open the smelter.
Since the plant has been shut down since last year, the bench even gave the company permission to apply to the Madras high court’s Chief Justice for an expeditious hearing. The plant was shut down following the protests that turned violent.
Hearing a separate case, Chief Justice of India Ranjan Gogoi and Justice Sanjiv Khanna allowed CBI to probe the deaths of 13 protesters during an antisterlite rally in May 2018 and said investigations should be done in “fair and impartial” manner.
On December 15, NGT set aside the state pollution control board’s closure order against Sterlite Copper and directed that electricity be restored to the smelter.this was challenged before the top court by both the state and the pollution control board.
NGT office bearers declined to comment on SC’S order questioning the maintainability of its order.“we don’t want to comment. It is the SC’S discretion,” an office bearer from NGT chairperson Adarsh Kumar Goel’s office said. NGT’S appeal came on Sterlite Copper’s plea against the closure order by Tamil Nadu government.
“The NGT Act’s section 16 has provisions for government orders to be challenged. So the legality of NGT’S order on reopening the plant depends on opinions. But overall the SC’S order today is good because it ensures a polluting industry remains shut,” said Rahul Choudhary, environmental lawyer who practises in NGT.
“This development is very significant step. The reversal of the NGT’S rejection of TN PCB’S closure order would allow the regulatory authority to follow due process of law once violations have been recorded. This includes establishing clear liability, clean up and due compensations. Instead of contesting these in courts, the company could shows greater responsibility towards the affected people by acknowledging that there has been a failure of due diligence. The order also sets a precedence for any future challenges to closure notices that includes taking remedial action, and, if needed, invoking powers of pollution control appellate within the state,” said Kanchi Kohli, legal researcher at Centre for Policy Research (CPR).