The Centre on Thursday told the Madras High Court that the State government had misconstrued a study carried out by the Central Ground Water Board (CGWB) on groundwater quality in and around Sipcot industrial area in Thoothukudi district, though the findings do not absolve Sterlite Copper’s smelting unit from the charge of contamination.
In a counter affidavit filed before a Division Bench of Justices M.M. Sundresh and Krishnan Ramasamy, the Union Ministry of Water Resources, River Development and Ganga Rejuvenation, made it clear that the study was carried out to assist the State government in assessing the situation and not to help any private organisation or entity.
‘Fears unfounded’
The counter was filed in reply to the State government petition accusing the Centre of having unilaterally prepared the ‘Report on Short Term Investigation of Groundwater Quality in and around Sipcot Industrial Area in Thoothukudi’ through the CGWB. It was feared that Sterlite might make use of the report in legal proceedings.
Allaying the State government’s apprehensions, the counter filed by CGWB Regional Director C. Paul Prabhakar stated that the Centre had decided to carry out the study after news reports of a police firing in May this year in which 13 people were killed. They were among those who protested against the alleged contamination of groundwater due to the copper smelting plant.
On the basis of directions issued by the Union Ministry, CGWB carried out a preliminary groundwater quality assessment based on a rapid hydro geological survey and random sampling from groundwater abstraction structures in the area in and around the Sipcot industrial area dotted by thermal plants and synthetic organic chemical industries.
“No industrial effluents were collected from any industrial unit during the study... As the scientific team could not enter the premises of Sterlite copper industry for collection of samples, it was not possible for it to establish a direct linkage between the groundwater contamination and the effluent seepage from the plant,” the Centre said.
Pollution not ruled out
The counter affidavit, filed on behalf of the Centre, went on to add: “It is emphasised that the conclusions arrived at by CGWB has not ruled out pollution by Sterlite copper smelting plant nor does it, at any point, contradict the findings of the Tamil Nadu Pollution Control Board (TNPCB) investigations.”
Concurring that the Water (Prevention and Control of Pollution) Act of 1974 empowers State-level pollution control boards to act against pollution, the Centre said, the law, however, does not also prohibit central organisations from conducting independent scientific investigations on the quality of groundwater.
“The Tamil Nadu government has not properly understood the essence of the report... The study report, when considered in conjunction with the findings of the State government, would bring out more clarity on the ground water situation in the area and help the State government in taking necessary remedial/preventive measures,” it added.
The Centre also contended that any dispute between it and a State government could be resolved only by the Supreme Court under Article 131 of the Constitution and not the High Courts. After taking the counter on file, the Division Bench adjourned further hearing on the writ petition to Monday.
