Relief to Vedanta as NGT sets aside Tamil Nadu government order

New Delhi: The National Green Tribunal on Saturday set aside the Tamil Nadu government order for closure of mining company Vedanta Ltd's sterlite copper plant at Tuticorin, which was at the centre of massive protests over alleged pollution, saying it was "non sustainable" and "unjustified". A bench headed by NGT Chairperson A K Goel asked the Tamil Nadu Pollution Control Board (TNPCB) to pass a fresh order of renewal of consent and authorisation to handle hazardous substances, subject to appropriate conditions for protection of environment in accordance with law within three weeks from Saturday. 

The tribunal, which had reserved its verdict on December 10, allowed the appeal of the company challenging closure of its plant at Tuticorin in Tamil Nadu. The green panel said the company should spend within three years Rs 100 crore on welfare of inhabitants of the area as it had offered to do. The bench also suggested that the company take steps for safeguarding environment, like creating a dedicated website where the stakeholders can lodge their environment related grievances. "Since we have independently held the impugned orders to be non-sustainable and closure to be unjustifiable, only further question for consideration is whether suggestions of the Committee... should be accepted and, if so, to what extent,” the bench said. It said the company will also be entitled to restoration of electricity for its operations, subject to complying with various directions issued by the tribunal for the firm. 

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, TNPCB 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 police had opened fire on a huge crowd of people protesting against environment pollution being allegedly caused by the factory. The tribunal had earlier set up an independent committee to look into the allegations of environmental pollution by Vedanta-owned Sterlite copper factory. 

The committee, headed by former Meghalaya High Court Chief Justice Tarun Agrawal, had said that no notice or opportunity of hearing was given to Vedanta before the closure of the plant. The tribunal in its judgement said it does not find any merit in the objection raised on behalf of the state government or TNPCB that appointing of such a committee amounted to delegation of judicial functions. 
"This tribunal is certainly entitled to ascertain facts on the ground by a fair and credible expert mechanism. Section 19 of the NGT Act is to the effect that the tribunal is not bound by procedure laid down by the CPC but is to be guided by the principles of natural justice. The tribunal can regulate its own procedure.