The committee has to start functioning within two weeks and decide the matter within six weeks
The National Green Tribunal (NGT) on Monday remitted the job of examining environmental concerns at Vedanta's Sterlite Copper plant in Thoothukudi to a committee headed by a retired judge and comprising of Union Environment Ministry and Central Pollution Control Board representatives. The committee has to start functioning within two weeks and decide the matter within six weeks.
"We are of the view that in substitution of the impugned orders, we have to hear before an independent body and remit the matter for fresh consideration before the committee of former judge and technical members of Central Pollution Control Board and Ministry of Environment and Forest," a four-member bench headed by Chairperson Justice AK Goel said. The bench said the committee would be constituted to evolve a credible mechanism whereby the rival considerations could be balanced and a view be taken.
"We are also permitting interveners to be heard. They (the committee) may visit the site, gather technical data and submit report," the bench added.
The four-member bench is hearing Vedanta's appeal against Tamil Nadu government's permanent closure of the Sterlite copper smelter and disconnection of power supply on grounds of environmental protection.
The bench suggested names of retired Judge KP Subramaniam and Judge K Chandru of the Madras High Court. But, Vedanta's counsel senior advocate C Aryama Sundaram raised certain objections on grounds that few of the names suggested had spoken to the press on the police firing that killed protestors agitating against the Sterlite plant. Sundaram instead prayed that a retired judge of the Karnataka High Court should be appointed. The bench said that a decision will be taken after taking suggestions from Vedanta, Tamil Nadu government.
The green court also reiterated its earlier order allowing Vedanta access to the plant's administrative unit and noted in its order that the copper smelter plant employed 1,300 people and contributed to copper production in the country.
The bench expressed its displeasure with Tamil Nadu Control Board for not providing adequate data to show grounds for environmental concern or pollution.
"What is the pollution that is there today. Have you produced anything to show pollution? Sorry to say but you have no material (to show pollution). It's one-day job and we don't agree that it takes so long...If you have no database how could you take such a coercive action?" it said.
Earlier during the hearing, Central Pollution Control Board submitted that a joint inspection with the state pollution control board at Sterlite plant had revealed improper maintenance of the plant that stored chemical which is of corrosive nature and which would pose a threat to surrounding areas.
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