MDMK general secretary Vaiko filed a public interest litigation petition before the Madurai Bench of the Madras High Court on Thursday, seeking an injunction against the functioning and extension of the copper smelting unit of Sterlite Industries at Meelavittan in Thoothukudi.
In his petition, Mr. Vaiko claimed that Sterlite Industries, which is expanding its existing plant, was yet to obtain clearance from the Ministry of Environment and Forests and the Central Pollution Control Board.
Moreover, the Tamil Nadu Pollution Control Board had not extended the consent for the existing plant to operate. It lapsed in March 2018.
The consent to operate, which is mandatory under the Air (Prevention and Control of Pollution) Act 1981 and Water (Prevention and Control of Pollution) Act, 1974 (Amended Act 1988), had not been renewed. However, the unit was functioning without the statutory requirements, he said. The site for the proposed expansion fell within the Sipcot Complex, which itself was functioning without a valid licence.
He claimed that Sterlite Industries had been disposing of tonnes of hazardous waste in violation of the Waste (Management and Transboundary Movement) Rules, 2016, he said.
He said that residents of Thoothukudi were affected because of their proximity to hazardous waste. The commissioning of an additional unit would endanger their lives. He said he had sent a representation to the authorities concerned seeking action for the violations, but no action was initiated. Therefore, a PIL petition was filed before the High Court seeking a restraint on Sterlite Industries from extending its unit and steps for closure of the plant.
Representing Mr. Vaiko, senior counsel M. Ajmal Khan said that with the first unit itself under question, a second unit was being commissioned in violation of environmental norms.
Additional Advocate General K. Chellapandian said the licence for the first unit was not renewed and environment clearance for the second unit was not issued. The court took note of the submissions.
A division bench of Justices C. T. Selvam and A. M. Basheer Ahamed sought a counter be filed for the existing unit and posted the case for further hearing on June 7.
Mr. Vaiko had earlier moved the Madras High Court seeking closure of the copper smelter plant. In 2010, a division bench of the High Court had directed the closure. But the Supreme Court stayed the order and, in 2013, invoking the polluter pays principle, directed Sterlite Industries to pay ₹100 crore as compensation for polluting the environment.
Protest continues
The people of Thoothukudi are continuing their agitation for closure of the Sterlite unit. They contend that they are suffering from health issues due to air and water pollution caused by the plant. They are also opposing the expansion plan.
