CHENNAI: It was a double whammy for Vedanta’s Sterlite Copper on Wednesday. The State government filed an appeal in the Supreme Court challenging the National Green Tribunal (NGT) judgment allowing reopening of the smelter unit in Thoothukudi, while the State pollution control board rejected the company’s application seeking a renewal of the ‘Consent to Operate’ (CTO).  

In its verdict last month, NGT directed the TNPCB to issue a fresh order of renewal of consent and authorisation to handle hazardous substances within three weeks. Besides, it directed the government to restore electricity for operations. The three-week deadline was set to end on January 5. TNPCB Chairman Shambu Kallolikar told Express that Sterlite’s CTO application was rejected as the government has filed an appeal before the Supreme Court. “The government was waiting for the apex court to reopen after vacation. We reject the NGT verdict, which fails to consider the data and evidence furnished by TNPCB,” he said.

“Hence, Sterlite’s request for renewal of CTO and reopening of the premises cannot be considered,” he said, adding that the same was intimated to the Associate Vice President of Vedanta Limited. In its petition, a copy of which is available with Express, the State government has condemned the NGT order. “Scientific material on air and water pollution has not been considered,” it noted.

In its petition, a copy of which is available with Express, the State government has condemned the NGT order. "There is hardly any independent discussion on merit. The scientific material and the analysis report on water and air pollution have not even been set out or considered. There are no reasons but mere conclusions in the impugned order," notes the petition. It also says the continued detrimental social and ecological impact of Sterlite factory on the future of Thoothukudi no longer justifies the running of the plant.

"TDS 20-40 times above permissible limit"

Presenting groundwater analysis taken from the year 1996-2018, State government and TNPCB said Sterlite has willfully flouted the norms and caused the present appalling situation where the groundwater contains TDS more than 20 to 40 times the permissible limit. "The tribunal failed to consider the data, document and evidence furnished by TNPCB to prove that the Sterlite had irreversibly polluted the groundwater in and around Thoothukudi. The tribunal held that non-furnishing of groundwater analysis report is a technical breach and is trivial in nature.  

NGT can't adjudicate validity of GO

State government maintained that NGT does not have the jurisdiction to adjudicate upon the validity of a Government Order and that the Constitutional Courts alone have the power and the jurisdiction to do so. "The finding of the tribunal that the Government Order is not a policy matter is erroneous and not within the jurisdiction of the tribunal", the petition reads. The government also objected to NGT Committee's overreach and calling government orders "not sustainable". 

The committee in its report to NGT has confirmed that Sterlite committed more than 25 violations. However, it proceeded to state that closure order was not sustainable and against principles of natural justice. "The committee acted as a Judicial Authority by deciding the issue of violation of principles of natural justice and recommending for commencement of the Respondent (Sterlite) unit and in effect usurped the powers of the Appellate Authority as well as the executive powers of the Appellants", the appeal says. 

Deteriorating groundwater

Water samples are collected periodically by the TNPCB from the eight monitoring wells. Report of Analysis (ROA) of the monitoring well samples taken from November 2017 to April 2018 are as follows and the parameters are compared with drinking water specifications. The inference from the groundwater samples collected from 8 locations of surrounding villages from Sterlite Industries from 1996 – 2017 shows the deteriorating groundwater quality in terms of parameters of TDS, Chlorides & Sulphates, Fluoride.