Sterlite not only polluter of ground water in Thoothukudi: Centre to HC

Noting that the Tamil Nadu Government has not properly understood the essence of the report, CGWB. Regional Director, C Paul Prabhakar in counter affidavit filed on Thursday, said “Ministry of Water Resources, RD & GR never had any intention to prejudice or interfere in the legal and other matters of Tamil Nadu Government or help any private organisation/entity.”

“On the other hand, it is firmly believed that 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 will help the State Government in taking necessary remedial/preventive measures,” the counter said.

Further, the counter on denying all averments made by the State and that the report is the outcome of a preliminary ground water quality assessment based on a rapid hydrological survey and random sampling from ground water abstraction structures in the areas, said “As the scientific team could not enter the premises of Sterlite Copper Industry for collection of samples, it was not possible for them establish a direct linkage between the ground water contamination and the effluent seepage from the plant as has been stated in the report.”

“It is also emphasised that the conclusions arrived by CGWB has not ruled out pollution by Sterlite Copper Smelting plant nor does it at any point, contradicts the findings of Tamil Nadu Pollution Control Board (TNPCB) investigations,” the counter added.

However, noting that the report has not been placed before the Parliament as alleged and that a reply was given to Rajya Sabha to an unstarred question in this regard, said “Tamil Nadu Government has approached the Court without exhausting alternate remedies.

The State filing a writ petition before this court against the Union of India is not maintainable and as per Article 131 of the Constitution the State has to approach the Supreme Court and therefore the writ petition is not maintainable and liable to be dismissed.”

A division bench comprising Justice M. M.Sundresh and Krishnan Ramasamy before whom the counter was filed, posted the matter to November 19, for further hearing of the case.

The State had contended that CGWB had prepared the report without taking the State into confidence and that the report concluded that Sterlite industries was not the only reason for the excess quantity of Lead, Manganese, Copper, Arsenic and Chromium nickel in the groundwater, and that there were other contributing factors.