NGT appoints ex-judge Justice SJ Vazifdar as chairman of panel to decide Vedanta's plea challenging closure of Sterlite copper plant

New Delhi: The National Green Tribunal (NGT) has appointed former Punjab and Haryana High Court Chief Justice SJ Vazifdar as head of a three-member committee to decide mining company Vedanta's plea challenging closure of its Sterlite copper plant at Tuticorin.

A bench headed by chairperson AK Goel had said a credible mechanism, through which rival contentions can be balanced and final view taken, has to be evolved. It appointed Vazifdar as the head of the committee. The green panel said the committee headed by retired judge Vazifdar, which will also include representatives of the Central Pollution Control Board and the Ministry of Environment and Forests, may visit the site and consider technical data.

File image. Reuters

File image. Reuters

It had noted in its order that it cannot be ignored that the copper smelting plant contributed to copper production in the country and employed 1,300 people.

"To give opportunity to the parties as above, option before us is either to set aside the impugned order and remand the matter to the TNPCB or to seek a report by referring the matter to an independent and credible committee.

"The Committee can go into the material produced by the parties on the issue of environmental compliance as well as the impact on inhabitants as perceived or actual," the bench said. The tribunal had asked the committee to assume work within two weeks and decide the matter within six weeks thereafter. The green tribunal asked the committee to submit its report to it and said that the matter be listed for hearing on receipt of report of the panel.

"The District Administration may extend all co-operation, including security to the Committee. The Committee may hold sitting at Chennai in the complex of the NGT or at any other place, as may be decided by the Chairman," the bench said in the order uploaded on Thursday. It had directed the Tamil Nadu Pollution Control Board to provide logistic support to the committee and said their remuneration would be determined by the state government.

The tribunal had also said that the committee may hear intervenors MDMK general secretary Vaiko and KS Arjunan, who is Communist Party of India (Marxist) District Secretary in Tuticorin if they feel necessary. On 9 August, the Tribunal had allowed Vedanta to enter the administrative unit inside its Sterlite copper plant at Tuticorin in Tamil Nadu, observing that no environmental damage would be caused by allowing access to the section.

The green panel had, however, said the plant would remain closed and the company would not have access to its production unit and directed the district magistrate to ensure this. On 30 July, the court had refused to grant any interim relief to Vedanta, which had challenged the Tamil Nadu government's order to permanently shut down its Sterlite copper plant in Thoothukudi, even as the firm termed the government action "political".

On 5 July, the tribunal had issued notices to the state government and the pollution board seeking their responses after Tamil Nadu raised preliminary objections with regard to the maintainability of Vedanta's plea. The Tamil Nadu government had, on 28 May, 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, the Tamil Nadu Pollution Control Board 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 22 May when the police had opened fire on a huge crowd of people protesting against environment pollution being allegedly caused by the factory.


Updated Date: Aug 23, 2018 15:31 PM

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