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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.S. SIVAGNANAM, V. BHAVANI SUBBAROYAN, JJ.
Vedanta Limited, Unit: Sterlite Copper, Rep., by its General Manager-Legal, SIPCOT Industrial Complex, Tamil Nadu - Petitioner
Versus
State of Tamil Nadu, Rep. by the Principal Secretary, Environment and Forest Department, Secretariat, Chennai & Others - Respondents
Writ Petition Nos. 5756, 5764, 5771, 5772, 5773, 5774, 5776, 5792, 5793, 5801, 21547 of 2019 & W.M.P. Nos. 6575, 6590, 6596, 6598, 6602, 6628, 6630, 6703, 6634 of 2019 & W.M.P.SR No. 102459 of 2019
Decided On : 18-08-2020
Constitution of India, 1950 - Article 226 - Air (Prevention and Control of Pollution) Act, 1981 - Section 21 - Water (Prevention and Control of Pollution) Act, 1974 - Section 25 - Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 - HWM Rules - Rule 6(1)(a)(b) - Hazardous Waste Authorization - Renewal - Report of Inspection - Respondents to furnish copies to petitioner of all Record of Proceedings maintained by Government of Tamil Nadu and the Tamil Nadu Pollution Control Board together with Inspection and Scrutiny Reports pertaining to petitioners plant and operations, including, without limitation, copy of Report of Inspection along with annexures of Joint Chief Environment Engineer, Monitoring, dated for renewal of consents, Scrutiny Report prepared by TNPCB officials after inspection of petitioners Unit inInspection Report dated, for renewal of Hazardous Waste Authorization by Joint Chief Environmental Engineer, Monitoring, Tirunelveli and to furnish the same to petitioner forthwith and record of proceedings - Plant set up by petitioner is engaged in the manufacture of copper cathode, copper rods, sulphuric acid, phosphoric acid and other by-products in process of smelting copper concentrate - Copper rod plant and captive power plant are situated within copper smelter complex of petitioners unit – Held, learned Senior Advocate submitted that this correspondence was between himself and TNPCB during the course of discussions which were held and it is a material shared by client with the counsel and this cannot be relied upon by petitioner and inadvertently same was annexed in paper book filed before Honble Supreme Court and petitioner cannot take advantage of the same - Firstly, Court express out displeasure in the petitioner referring to the said document inspite of fact that respondent has taken a stand that it was inadvertently annexed in the paper book filed before Honble Supreme Court - That apart petitioner can stand in a no better footing by placing reliance on said document - Unfortunately, revenue officials did not probe into matter, did not read conditions of MOU, did not have a thorough discussion with top officials of TNPCB and Court can safely conclude that they have colluded with petitioner by not even issuing a show cause notice to petitioner while issuing notice - Therefore, nothing falls out of reply given by TNPCB to Mr. K.V., learned Senior Advocate and petitioner ought not to have placed reliance on said document - Therefore, all contentions advanced based on said document are eschewed - In fact, in counter affidavit filed by Government in these writ petitions, they have taken a specific stand that petitioner should dismantle and leave State - However, Court find that petitioner has filed a writ petition before Madurai Bench challenging order passed by SIPCOT cancelling allotment of land and an order of interim stay has been granted in said writ petition - Order accordingly.
ORDER :
T.S. Sivagnanam, J.
(Prayer: Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records in respect of the Impugned Order passed by respondent no.2 vide Proceeding No.T1/TNPCB/F.0212TTN/RL/W&A/2018 dated 12.04.2018 as arbitrary and illegal and quash the same.
Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records in respect of the Impugned Order passed by respondent no.2 vide Proceeding No.T7/TNPCB/F.30921/2012/TTN/A-1 dated 29.03.2013 and quash the same as arbitrary and illegal.
Petition under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the Respondent No.2 to grant forthwith the Hazardous Waste Authorization to the petitioner in keeping with the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records in respect of the Impugned Order passed by the Respondent No.2 vide Proc. No.T1/TNPCB/F.0212TTN/RL/28/W&A/2018 dated 09.04.2018 under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 (the 'Water Act') and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 (the 'Air Act') and quash the same and consequently, direct the Respondent No.2 to forthwith issue the Consents to Operate to the petitioner for its copper smelter plant for a period of 5 years, under the Air Act and Water Act.
Petition under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to furnish copies to the petitioner of all Record of Proceedings maintained by the Government of Tamil Nadu and the Tamil Nadu Pollution Control Board together with the Inspection and Scrutiny Reports pertaining to the petitioner's plant and operations, including, without limitation, the copy of the Report of Inspection along with annexures of the Joint Chief Environment Engineer, Monitoring, Tirunelveli dated 27.02.2018 for renewal of consents, the Scrutiny Report prepared by TNPCB officials after the inspection of the petitioner's Unit in February 2018, the Inspection Report dated 28.02.2018, for renewal of the Hazardous Waste Authorization by the Joint Chief Environmental Engineer, Monitoring, Tirunelveli and to furnish the same to the petitioner forthwith and the record of proceedings (administrative file(s) by whichever name called), in respect of the issuance of the order dated 23.05.2018 passed by the TNPCB, the Respondent No.2 herein and the issuance of the Government of Tamil Nadu Order in G.O.(Ms) No.72 dated 28.05.2018 issued by the State of Tamil Nadu, Department of Environment and Forest, the Respondent No.1 herein.
Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records in respect of the Impugned Order passed by respondent no.2 vide Proceeding No.T7/TNPCB/F.30921/2012/TTN/A-2 dated 29.03.2013 and quash the same as arbitrary and illegal.
Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records in respect of the Impugned Order passed by Respondent No.2 vide Proceeding No.TS1/TNPCB/F.0212/TTN/EB/2018 dated 23.05.2018 and quash the same as arbitrary and illegal and consequently direct the immediate restoration of power supply to the petitioner's plant.
Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records of the impugned order passed by the Department of Environment and Forest, the Respondent No.1 herein, vide Government Order G.O.(Ms) No.72 dated 28.05.2018 and the consequential orders being Order No.H2/9992/14 dated 28.05.2018 passed
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