Vedanta fails to get interim relief for maintenance of Sterlite factory
Chennai: Opposing a plea from Vedanta Limited to constitute an independent committee to enter its copper smelting plant in Thoothukudi, cause an inspection and find out whether the maintenance of the company is being properly carried out or not, the Tamil Nadu Pollution Control Board has informed the Madras high court that the committee, already constituted may be directed to cause re-inspection and depending upon the report being filed, the court may pass appropriate orders.
Recording the same, a division bench comprising Justices M. Sathyanarayanan and M.Nirmal Kumar posted to June 11, further hearing of the petition filed by Vedanta Limited, which sought a direction to the TNPCB to facilitate the immediate opening of its plant, which was closed down from May 28, 2018, by immediate de-sealing of the plant with restoration of supply of electricity.
It also sought an interim relief, to permit it to maintain the factory without resuming operation.
The bench said senior counsel C.Aryama Sundaram submitted that the high power committee appointed by the government through its order dated June 21, 2018, has got very limited role to play and they have already done that role. When their term has also expired and since no proper maintenance was being carried out in the premises which was under lock and seal and in custody of government of Tamil Nadu, an independent committee consisting of officials of Environment and Forest, Union of India, Central Pollution Control Board may be constituted to enter into the premises in question, cause an inspection in the presence of the company officials and find out whether the maintenance of the company was being carried out properly or not and further add that in the light of the urgency expressed, the court may take up all the petitions for final disposal, the bench added.
The bench said senior counsel C.S.Vaidyanathan, appearing for TNPCB submitted that the authorities were ready for advancing final arguments even in the writ petitions itself and further add that the committee constituted under the said GO was a permanent one and in the absence of any specific allegation as to the neutrality or otherwise of the said committee, this court may not appoint a fresh committee to cause inspection and the same committee may be directed to cause an inspection of the premises in the presence of the officials of the company and depending upon the report being filed, this court may pass appropriate orders of directions, the bench added.
The bench said Vaiko (MDMK leader) who was one of the applicants for impleadment submitted that all along he opposed the functioning of the petitioner factory and therefore he was a proper and necessary party to be impleaded and his views are to be heard. Fathima Babu, represented by her advocate Poonkhuzhuli submitted that she was an active participant opposing the functioning of the petitioner factory all along and she may also be impleaded so as to enable her to project her case before the court.
"This court has considered the rival submissions, perused the materials placed before the court, the contesting parties are not agreeable for constitution of a common committee to cause inspection. In so far as the petitions for impleadment are concerned, a common counter affidavit of general manager, legal, dated March 22, 2019, has been filed and since the petitioner company is opposing the impleadment of the proposed parties, in the majority of the impleadment applications, the consideration of such applicatins for impleadment may require arguments. However, for want of time, this court is not in a position to take up the matter for the reason that it is having partly heard referred trial case on its board as well as specially ordered special Tribunal appeals. Call on June 11 and the concerned Bench is at an option to take up the matter for final disposal", the bench added.
