Madras HC: Stay ordered on construction of Sterlite unit 2

Passing an interim order to this effect through video conferencing here, a division bench comprising justices M Sundar and Anita Sumanth, said, “On the basis of the materials furnished and noticed by us, we are of the prima facie view that Phase 11 of SIPCOT Industrial park awaits approval as it can clearly be seen from show cause notice dated April 2, 2018 and the reply of SIPCOT dated April 4, 2018. Undisputedly, all survey numbers comprising unit 2 of Vedanta’s copper smelter plant are also seen to comprise part of phase 2 of SIPCOT’s industrial park.”

On directing the State to expeditiously process Vedanta’s application for renewal of environmental clearance (EC) after conducting the mandatory public hearing within four months that is on or before September 23, the bench said, “As of now, there is no approval granted for expansion of the unit and in the light of the admission of Vedanta’s counsel, such approval can be considered only after public hearing and consultation is conducted.”

Petitioner Fatima, a senior citizen from Thoothukudi and a retired associate professor in English, had submitted that Vedanta, is building the smelting plant circumventing the mandatory public consultation by claiming that phase 2 of SIPCOT had obtained clearances for setting up such a plant.

But now, details obtained through RTI has revealed that phase 2 of SIPCOT Industrial Park in which unit 2 is proposed to be located has not received approval till date, the petitioner said. On the other hand, Vedanta’s counsel refuted allegations regarding the suppression of facts and the environmental sustainability of the proposed plant itself.

However, the bench while granting the interim stay also issued notice to the Tamil Nadu Pollution Control Board (TNPCB) and directed the registry to list the case along with a similar plea on June 13.

Justice Anita Sumanth, who penned the interim order, also observed, “While, on the one hand, the economic benefits of encouraging industries cannot be ignored, the toll extracted on available resources, water and soil regimes by such industries, cannot also be lost sight of. There is thus yet another stakeholder before us, one that is invisible in the array of parties, the environment itself. To balance the interest of all the parties to this PIL, we believe that the interests of this hapless party be treated on a par, if not paramount.”