The Supreme Court on Monday extended till February 25 its stay of a Madras High Court judgment ordering closure of the copper plant of Sterlite Industries (India) Ltd. at Tuticorin and discharge of its workers on payment of compensation.
A Bench of Justices R.V. Raveendran and A.K. Patnaik, after hearing senior counsel Altaf Ahmed for the Tamil Nadu Pollution Control Board, Solicitor General Gopal Subramaniam for the Centre, senior counsel C.A. Sundaram for Sterlite Industries, counsel for the Central Pollution Control Board and Vaiko, who was one of the petitioners before the High Court and respondent in this appeal, posted the matter for further hearing on February 25.
Earlier, Mr. Altaf Ahmed submitted that Sterlite Industries had failed to comply with the direction to make appropriate measures for storage of raw materials, solid waste disposal, controlling over fugitive gaseous emissions and to develop a green belt of 75 per cent as per licence conditions. In its report, the TNPCB stated that as per the conditions of permission to set up and run the plant, Sterlite had developed only 25 per cent green belt in the areas and its solid waste disposal was not good.
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However, in its report, the Central Pollution Control Board said that its waste water analysis report showed that all parameters were within limits and pollutants were found within the notified air quality standards. It recommended that the company improve the areas of house keeping of raw material storage, smelter and converter and effluent treatment plants.
Mr. Sundaram disputed the TNPCB report. He, however, assured that the recommendations would be implemented.
Mr. Vaiko sought time to file his response.
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In its order, the Bench directed Sterlite and CPCB to file their response on the specific issues raised by TNPCB within three weeks. It also asked the Ministry of Environment and Forest to file its counter.
In its special leave petition challenging the Madras High Court judgment, the company pointed out that it was passed on public interest petitions filed 14 years ago in 1996, when allegations were made on violation of pollution control and environment norms. Between 1996 and 1999, the High Court issued various directions. All were complied with. The plant was being operated for more than a decade with the consent and approval of statutory authorities without complaints.
The TNPCB had informed the High Court that the company had complied with all statutory conditions. The company was the largest manufacturer and exporter of copper.
The SLP prayed for quashing the impugned judgment and an interim stay of its operation.