Sterlite Industries gets National Green Tribunal boost after TNPCB order tagged 8216;arbitrary8217;

Sterlite's plant was ordered closed over allegations leakage of gas affected residents' health.

The National Green Tribunal NGT today affirmed its May 31 interim order allowing commencement of operations of Vedanta Group company Sterlite Industries8217; copper smelting plant in Tuticorin district of Tamil Nadu.

A bench headed by NGT Chairperson Justice Swatanter Kumar,while making 8220;absolute8221; its interim order of May 31,made it clear that the unit would be functioning under the Tribunal-appointed expert committee whose suggestions would be binding upon the company.

8220;The interim order dated May 31,2013 is made absolute,8221; the bench said.

The NGT also constituted a special committee to 8220;conduct a study and place on record the causes for the health hazards resulting in and around industries and industrial clusters,like SIPCOT.8221;

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 Sterlite8217;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 8220;arbitrary8221;,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.

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8220;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 company8217;s Sterlite unit.

8220;The order does suffer from the vice of arbitrariness and,thus,cannot be sustained,8221; the bench said.

Sterlite in a statement said 8220;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.8221;