The Madras High Court has dismissed a Public Interest Litigation (PIL) petition assailing the Union government’s decision to exempt Sterlite Industries (India) Limited in Thoothukudi from taking public consultation for expanding their copper manufacturing units.
The First Bench of Chief Justice S.K. Kaul and Justice M.M. Sundresh passed the order on a petition moved by Pushparayan, Project Director of East Coast Research and Development of Thoothukudi.
He challenged a notification dated January 1, 2009 issued by the Union Ministry of Environment and Forests providing exemption from taking public consultation while expanding their units, which is mandatory under the Environmental Protection Act.
According to the submission made by the Ministry, about 319.99 acres of land which was acquired by SIPCOT for industrial park was allotted to Sterlite to set up a copper smelter plant as part of its expansion plans. The above acquisition was much before an Environment Impact Assessment notification dated September 14, 2006 which mandates public consultation. The Ministry further clarified that public consultation was not required for projects located within industrial estates notified prior to September 14, 2006. Concurring with the submissions, the Bench said, “In view of the consistent stand taken by all the authorities, including SIPCOT, that Sterlite Industries is situated within the SIPCOT complex, we have no difficulty in holding that exemption from public consultation would certainly apply.”
The Bench then dismissed the PIL petition.
‘Exemption from public consultation for expanding
units will apply’
