Chennai: The Madras High Court’s Tuesday verdict rejecting a plea from mining giant Vedanta for allowing reopening of its Sterlite copper unit in Thoothukudi, which has been closed since May 2018 over pollution concerns, is not just a warning to corporates, but also government officials.
The now defunct plant has operated for 16 years and 92 days without valid Consent to Operate from Tamilnadu Pollution Control Board (TNPCB) and operated for 10 years, two months and 15 days without Hazardous Waste Management (HWM) authorisation. Who is to be blamed?
While holding Sterlite accountable, the High Court has practically indicted TNPCB for the botch-up. “TNPCB did nothing in the matter. The regulator failed to discharge their duties diligently bearing in mind the purpose for which it was constituted,” the court observed.
Leaders of almost all political parties, including the ruling AIADMK and the principal opposition DMK have hailed the court verdict dismissing Sterlite Copper’s plea to reopen its smelter plant.
Welcoming the verdict, senior AIADMK leader and Tamilnadu Fisheries Minister D Jayakumar said the High Court has endorsed the State government’s view that the plant should not be allowed to re-open.
DMK president M K Stalin termed the order as the one that respected the people’s sentiments and the one that would protect humanity.
Recalling that the DMK’s demand that the State government should take a policy decision by convening its cabinet to permanently close the plant, he said Chief Minister Edappadi K Palaniswami should adopt a Cabinet resolution and enact a Law to permanently close the plant.
Stalin said if the Sterlite Copper filed an appeal in the Supreme Court, the State government should immediately file a caveat petition so that Tamilnadu government’s views were heard before any order was passed.
DMK MP Kanimozhi, who was elected to the Lok Sabha from Tuticorin, welcomed the verdict and said development should not come at the cost of environment.
PMK founder Dr S Ramadoss also welcomed the verdict and said it does not mean that the war against Sterlite has come to end.
Recalling that the company in the past had got relief from the Apex Court by challenging the orders of the High Court, he said in the event of Vedanta moving the Supreme Court, the State government should put forth its strong arguments to ensure that the plant was permanently closed and all its infrastructures were
removed.
MDMK general secretary Vaiko, who has impleaded himself in the case in the High Court, termed it as a victory for justice. “It is a victory for people’s protests against the Sterlite plant and a victory for all sections of the people”, he said.
“It is a justice for the 13 people who had shed blood and sacrificed their lives”, he said, in a video message.
DMDK leader Vijayakanth termed the verdict as justice for 13 people who were killed in police firing in 2018 during the anti-Sterlite protests.
Expressing shock over the verdict, Sterlite Copper CEO Pankaj Kumar said the company would pursue all legal remedies.
Alleging that certain forces were conspiring to stifle the country’s ability to be an independent copper manufacturer, Kumar, in a statement here termed the court verdict as disheartening and an utter shock to its employees and thousands of small business.
“It is also disheartening to note that at a time when our Nation is forced to depend on hostile neighbours for copper imports, certain forces are conspiring to stifle our Nation’s ability to be an independent copper manufacturer”, he said.
Stating that at no point in its operations any concerns of pollution were raised by appropriate authorities, he said “We will therefore be pursuing all available legal remedies in the pursuit of justice in the coming days”.
“The verdict comes as an utter shock to the employees of Sterlite Copper and the thousands of small businesses, entrepreneurs and community members who are dependent on our continued operations,” Kumar said.
“We firmly believe in the safe and environmentally sound nature of our operations,” he added.
What High Court said
* “We are inclined to accept the stand taken by the TNPCB to hold that the increase in the levels of TDS, chloride, sulphate and total hardness are all attributable to the petitioner’s operation and therefore the order of closure
cannot be stated to be on account of speculation”.
* “Also, the past conduct of the petitioner is consistent with the conclusion that they have not complied with mandatory rules and regulations and only attempted compliance under the threat of judicial orders of closure or intervention”.
* “Hence the firm cannot be allowed to run a highly polluting red category industry, when the petitioner is oblivious to ecological sensitivities, especially after having polluted the area substantially over the past 22 years of its operation”.