Panel to decide on reopening Sterlite factory, says NGT

CHENNAI: The National Green Tribunal has ordered the setting up of a committee to decide on the reopening of the Vedanta Ltd-owned Sterlite Copper factory in Thoothukudi, Tamil Nadu, after the company challenged the state government’s closure order in May.
The tribunal said the committee should be headed by a retired judge and two members from the Central Pollution Control Board and the Ministry of Environment and Forests.

Its decision after six weeks will be implemented by the parties concerned such as the pollution control board unless any affected party litigates against the decision with the tribunal.

On that basis, the tribunal disposed of Sterlite’s petition.

In a statement, Sterlite Copper said: “We welcome the Honourable NGT’s decision to set up a credible mechanism in the way of an independent committee that will consider the technical data required, assess the situation technically and provide its report in the next six weeks, from today. We are pleased that that the NGT has again reiterated that access to the administrative units of its plant should be given to our employees. Additionally, we also welcome the today’s NGT’s decision that findings and recommendations of the committee will be final which will supersede all the orders passed by the TN government so far.

During the course of Monday’s proceedings at the NGT related to appointing of a head to the committee, Vedanta had objected to the nomination of retired judges from Tamil Nadu on the fear that there could be bias. “Sterlite submitted that – if there are judges from Tamil Nadu who have dealt with the issue with past, or some who have made comments about it in the past, then it is better that we go for someone who has had no connection with it at all,” Vedanta’s counsel and senior advocate Aryama Sundaram, who appeared in court on Monday, told ET. According to Sundaram, the NGT had also questioned the state government for having issued a closure order without substantial data evidence. The state government had asked for more time to submit findings, but the court denied it.

The Supreme Court had on Friday last week directed the National Green Tribunal to address Tamil Nadu Government’s petition challenging maintainability and merit of Vedanta Ltd’s case filed with the NGT challenging the state government's order permanently closing the factory. TN counsels told ET that the NGT had not touched upon the question of maintainability of Sterlite’s petition.

A senior government official in Tamil Nadu told ET that the state government will again move the Supreme Court — "as and when the orders of the NGT are officially communciated"— challenging the Tribunal’s decision to consider Sterlite’s petition as maintainable.

After the factory was closed in May, Vedanta moved the Tribunal seeking relief. Besides challenging the closure order, the company had sought interim relief by way of granting access to the administrative block, server room and so on. Recently, the Green Tribunal had granted the access on the condition that the Thoothukudi District Magistrate ensures the factory does not resume production-related activity. The orders of the NGT on Monday do not affect its allowance for Vedanta’s representatives to access the administration blocks inside the factory.

Tamil Nadu’s closure order stems from its pollution control board denying renewal of a key licence for Sterlite Copper in view of alleged lapses in controlling pollution. Even as Sterlite Copper battled in court against these lapses, massive protests broke out on May 22 this year: thirteen people died and many others injured after the police opened fire.