Plea against expansion of Sterlite unit fails

Chennai

The First Bench comprising Chief Justice Sanjay Kishan Kaul and Justice MM Sundresh in a recent order held: “In view of the consistent stand taken by all the authorities including State Industries Promotion Corporation of Tamil Nadu (SIPCOT) that Sterlite Industries is situated within the SIPCOT complex, we have no difficulty in holding that exemption from public consultation would certainly apply. We do not find any merit in the writ petition and the same stands dismissed.”

The petitioner Pushparayan, Project Director, East Coast Research and Development of Thoothukudi, had contended that the Environment Ministry’s notification exempting Sterlite Industries (India) limited from public consultation was contrary to the provisions of Environmental Impact Assessment (EIA) notification issued in 2006 and the provisions of Environmental Protection Act, 1986.

He submitted that on August 1, 1994, the Tamil Nadu Government had issued a ‘no objection’ certificate to Sterlite for production of 391 tonnes of copper per day. But the land acquisition for this purpose had transpired much before the EIA notification was issued. This, he claimed, warranted public consultation and that the expanded unit of Sterlite was located outside SIPCOT.

However, the Bench which sought certain clarifications from the authorities and after going through the documents submitted by various authorities said, “On a perusal of the notifications we are satisfied that no public consultation is required for the present case.”