The Madras High Court on Wednesday directed natural resources company Vedanta to cease construction as well as other on-site activities at the proposed unit-II of the Sterlite copper smelter plant in Thoothukudi district, where 11 anti-Sterlite protesters were killed in police firing over the past two days.
Justices M. Sundar and Anita Sumanth passed the interim order on a public interest litigation petition filed in the Madurai Bench of the Madras High Court by R. Fathima, 65, a retired English professor from Thoothukudi, accusing Vedanta of having obtained environmental clearance (EC) for the second unit from the Union Ministry of Environment in 2009 by suppressing vital facts.
Though the counsel for the company vehemently objected to the granting of such an interim order, and stated that the company was even willing to demolish the constructions if it fails to get the environmental clearance renewed in the future, the judges said: “We are afraid we fail to see the merit in this submission, as in our view, it lacks vision, and is tantamount to putting the cart before the horse.”
Pointing out that the environmental clearance for the second unit was due to expire on December 31 this year, the judges said: “We see no reason to permit Vedanta to continue with construction activities, investing substantial resources by way of effort, money and materials. We cannot, under any circumstances, be party to what might well be a national waste of precious resources.”
Further, stating that an Office Memorandum issued by the Union Ministry of Environment on April 4, 2016, made a public hearing mandatory before the grant of environmental clearance to any metallurgical industry, irrespective of its location, the judges ordered that Vedanta’s application for renewal of EC must be considered on or before September 23, after holding a public hearing.
In the meantime, the company was restrained from carrying on with construction activities.
“The resumption/continuance thereof, if it be so, shall be subject to the decision taken on the renewal application,” the judges clarified, and made it clear that the interim order was being passed after balancing the interests of the general public as well as Vedanta.
