NGT to decide on Sterlite copper plant: SC

The Supreme Court on Friday directed the National Green Tribunal (NGT) to decide on the plea by mining major Vedanta over closure of its Sterlite copper plant at Tuticorin in Tamil Nadu following gas leak in the plant that led to one death and injuries to several people.

After NGT granted interim relief to the company by allowing access to its administrative unit on August 9, the Tamil Nadu Government approached the Apex Court to overturn this relief. The bench of Justices RF Nariman and Indu Malhotra considered the state's objection but refused to pass any orders. Instead, the Court directed the NGT to "finally decide" the matter on merits.

The state government even sought to raise the issue of maintainability of Sterlite to file a petition in NGT over the state's decision to close the plant on March 27. But the bench was of the view that even this preliminary objection of the State could be raised and decided by the tribunal.

"We may clarify that NGT may continue to hear the matter on merits and finally decide the matter on maintainability also. It is open for the state to argue on maintainability after which the tribunal will give its findings," the bench said.

The NGT had on August 9 allowed Vedanta to enter its administrative unit inside its Sterlite copper plant, observing that no environmental damage would be caused by allowing access to the administrative section. However, the Tribunal said that the plant would remain closed and the company would not have access to its production unit and directed the District Magistrate to ensure the same. 

During the hearing, senior advocate CA Sundaram, appearing for Vedanta, told the apex court that the state passed a series of orders against the company without issuing any show cause notices. The entire complex comprising 67 industries were shut, of which 14 were hazardous plants, Sundaram said. Terming the issue as "political" he pointed out that the State 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. The matter is listed for hearing before NGT on August 20.

The apex court had earlier directed the company to pay `100 crore as compensation for polluting the environment.