Sterlite Industries gets National Green Tribunal boost after TNPCB order tagged ‘arbitrary’

“The interim order dated May 31,2013 is made absolute,” the bench said.

The NGT also constituted a special committee to “conduct a study and place on record the causes for the health hazards resulting in and around industries and industrial clusters,like SIPCOT.”

The special committee shall comprise Secretary of Health,Tamil Nadu government,Member Secretary of and Tamil Nadu Pollution Control Board (TNPCB),Director General of Health Services of Tamil Nadu,Marumalarchi Dravida Munnetra Kazhagam (MDMK) General Secretary Vaiko and two independent experts,the Tribunal said.

The closure of Sterlite’s copper plant was ordered on March 29 this year by the TNPCB following allegations that leakage of sulphur dioxide gas from the unit on March 23,2013,caused serious ailments in the residents of Tuticorin town,located eight kilometeres away.

While holding the TNPCB order as “arbitrary”,the Tribunal said in its 145-page verdict that there was no emergent situation which required the Chairman of the Board to exercise his powers to close down the plant.

“The Chairman of the Board has not exercised his power in an emergent situation where a necessity existed and recourse to any regulatory mechanism was not possible,leaving no option but to close the appellant company’s (Sterlite) unit.

“The order does suffer from the vice of arbitrariness and,thus,cannot be sustained,” the bench said.

Sterlite in a statement said “it shall implement all recommendations laid down by NGT-appointed expert committee in a time-bound manner and will work closely with the regulatory authorities and government to ensure the highest environment standards in its operations.”