Page 38 - June2018
P. 38

• Going legal  Vedanta vows to legally
                                                                            challenge any attempt to close the plant,
                                                                            says India unit chief P Ramnath


                                                                            powers after complying with the “due
                                                                            process requirements.” The industry
                                                                            though it adds to economic activity has
                                                                            no right to destroy ecology, degrade the
                                                                            environment and pose a health hazard.
                                                                              Experts agree that if the Tamil Nadu
                                                                            Board’s closure order is challenged
                                                                            in court, the test would be whether
                                                                            the principles of natural justice were
                                                                            observed by the Board before the exer-
                                                                            cise of its power.
                                                                              But for industrialists across the
                                                                            state, it is akin to the Nandigram
                                                                            moment after TN government ordered
                                                                            a permanent shutdown of Sterlite plant
                                                                            at Tuticorin. This is one decision that
                                                                            can hurt the case of Tamil Nadu when
                                                                            investors gather for the Global Inves-
                                                                            tors’ Meet in 2019. Instead of closing
                                                                            the company down, the government
           Government order directing a perma-                              should have come out with alternative
           nent closure of the plant in Tuticorin   Protesters are          arrangements so that the interests of
           is something that the protesters and   opposing the              all the stakeholders were served. But
           activists worry about and has the DMK                            now who will look after the people who
           working president MK Stalin reading a   proposed expansion       lose jobs at Sterlite factory, questioned
           hidden message of the government to   of the plant arguing       an industrialist, a member of a cham-
           the management to “now go and get                                ber preferring anonymity. For sure, the
           court orders against this.”       that it is being               confidence of the industry is dented.
             Stalin described the government   done in violation            Industrialists, already wary of coming
           order as a ‘drama’ and an ‘eyewash.’ If                          to Tamil Nadu, would prefer not coming
           this decision had been taken without   of environmental          here at all as the Sterlite affairs send out
           the ‘killing’ of 13 lives, the government’s   norms              a big negative signal to investors, rued
           good intention could have been appre-                            another industrialist.
           ciated. But that was not the case and                              The industry is of the opinion that a
           this laid bare the government’s real   development. We will study the or-  commercial issue was politicised and
           concerns and its ulterior motives, Stalin   der and decide on the future course    the company, even if erring, was given
           said, echoing the sentiments of other   of action.”              death sentence. Now the country will
           opposition leaders as well. Earlier, in   Legal experts were divided in their   have to import copper, he said.
           2013 too, the government ’s decision to   opinion on the maintainability of the   In fact, Sterlite Copper plant
           close the Sterlite plant was an ‘eyewash,’   government order that was issued   executives were fearing that the pro-
           he said.                        without following due procedures and   tests were not going to be peaceful and
             But Rajinikanth, actor-turning to   said the courts granting relief to the    felt that ‘external forces’ could incite
           politics, described the closure order as   ‘aggrieved’ company was a real possi-  people of Tuticorin. But as the company
           a victory. The company for the record   bility too.              can hardly exit the state, it will fight it
           said, “closure of Sterlite Copper plant is   Environmental lawyer MC Mehta   out legally. So, the last on the matter has
           an unfortunate development, especial-  felt that the TN government had slept   not yet been heard and the issue will be
           ly since, we have operated the plant for   over for many years and acted only   battled out in courts, here in Tamil Nadu
           over 22 years in most transparent and   when there was bloodshed. But, the   and at the Apex court in New Delhi.
           sustainable way, contributing to the    pollution board, former solicitor gen-
           Tuticorin and State’s socio-economic   eral, Mohan Parasaran, felt exercised its   letters@tehelka.com



                                           Tehelka / 15 june 2018  38  www.Tehelka.com



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