Plea seeks quashing of environmental clearance for Sterlite

‘Red category industry located in ‘agricultural zone’ in violation of Town and Country Planning Act’

Sterlite Copper, a red category industry, which should have been established in an area designated as Special Industrial and Hazardous Use Zones, as per a 1974 Government Order, operated from an area demarcated as “controlled industrial use zone” and “agricultural zone” in total violation of Town and Country Planning Act, 1971, claimed a public interest litigation petition filed before the Madurai Bench of the Madras High Court on Monday.

The petitioner, Prince Cardoza of Thoothukudi, a member of People’s Union for Civil Liberties, said the red category industry was located in proximity to residential and agricultural zones and stood testament to the fact that zoning regulations under the master plan for the city were clearly violated.

In 2007, the Ministry of Environment, Forests and Climate Change granted environmental clearance, allowing the expansion of the copper plant from 900 TPD to 1200 TPD of copper anode. The expansion was premised on the availability of adequate land, pollution mitigation infrastructure, which included solid and hazardous waste storage and disposal, effluent treatment facilities and a greenbelt. The clearance stated that out of the 172.17 hectares of project area, 43 hectares should be developed as a greenbelt.

However, there was a shortage of land available for expansion and the unit stands on 102.31 hectares. Subsequently, the green belt area also got reduced to virtually nothing. In 2004, a Supreme Court monitoring committee visited the plant and expressed dissatisfaction over its functioning, he said.

The petitioner also complained that the chimney height was key to mitigate air pollution and to ensure that the ground level concentration of air pollution was below harmful levels. They were not tall enough and emitted sulphur dioxide causing hazardous impact in the region. No health monitoring had been conducted in the region, he claimed.

He said since the inception of the plant in 1995, it had met with serious resistance from the people following the adverse effect it had had on the environment. The company was operated in violation of the environmental clearances and environmental laws. Even the Supreme Court had directed the company to pay ₹100 crore towards environmental damages. He sought to set aside the environmental clearance granted to Sterlite Copper and to prosecute it for the violations.

A division bench of Justices C.T. Selvam and S.S. Sundar heard the case. Centre and State departments concerned took notice. The case has been adjourned by two weeks.