No access to Sterlite plant can be granted to Vedanta Ltd: Tamil Nadu govt

Chennai: Stating that the Sterlite Copper Smelting Plant in Thoothukudi is being maintained by the Local Level Committee and there is no immediate requirement of maintenance beyond this, the state government and the Tamil Nadu Pollution Control Board have informed the Madras high court that no access can be granted to the Vedanta Limited, which has a demonstrable history of acting in contravention of the law.

This was stated in the common counter affidavit filed by the Environment and Forest department and TNPCB through Abdul Saleem, counsel for TNPCB in response to the petition filed by Vedanta Limited. The counter opposed the interim relief sought for by Vedanta Limited for care and maintenance of the plant.

They said since May 28, 2018, the plant was sealed and has been in possession of the District Collector. Within four weeks of sealing the unit, the government issued an order recognising that the high volume of fuels and chemicals which may cause fire hazard were stored in the premises of the unit, and formed a high power committee to monitor the situation. Thereafter, a local level committee, in which two officials of the petitioner, was formed to carry out the removal of hazardous chemicals and materials.

“There is no immediate danger to the environment while these hazardous materials were being maintained and removed from the unit. The unit already has access to electricity (through generators) and manpower and to the unit at large. Thus, there is no grave urgency at this stage which deserves the intervention of this court”, they added.

They said currently the Local Level Monitoring committee was seized of the matter. The committee has been allowed to undertake several works. Out of this, the committee has already ensured that a large chunk of hazardous wastes has been removed. As far as care and maintenance of equipment etc. was concerned, the petitioner was at liberty to make a valid representation to the Local Level Monitoring Committee itself, who may undertake a technical feasibility test of the same, consider and thereafter pass appropriate orders. Thus, where there was a procedure prescribed for the doing of certain acts in a certain manner, the petitioner cannot circumvent that procedure and come before this court seeking to do things in any other manner. Thus, no reliefs can be granted by this court, they added.

They said, “The petitioner is a chronic defaulter, having caused wanton water and air pollution over its years of operation. A bare perusal of consent conditions vis a vis compliance status would reveal that the petitioner has brazenly operated in open defiance of the law, leading to grave deterioration of the ground water.

Since the unit has been shut, there has been drastic improvement in the ground water standards in and around the unit. The pollution caused by the petitioner has led to major health risks for the local populace, causing higher rates of miscarriages and infant mortality, greater frequency of cancer, and also made the ground water unfit for domestic consumption including for drinking by cattle. The operation of the petitioner has gravely destroyed the quality of life of the local population, who has had to turn away from their principal occupation of agriculture due to the pollution of the soil and the ground water.

Further, the past conduct of the unit also does not inspire any confidence, or in fact permit any access to the unit. The units has been locked, open access has been limited and was being monitored by the Local Level Committee, they added and sought to dismiss the petition seeking interim relief.