STERLITE INDUSTRIES I LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard Mr. C.A. Sundram, learned Counsel for the Petitioners, Mr. Vaiko in-person for Respondent No. 1, Mr. V. Prakash, learned Counsel for the Respondent No. 2, Mr. Guru Krishna Kumar, learned Additional A.G. for the Government of Tamil Nadu, Mr. Subramanium Prasad, learned Counsel for the Tamil Nadu Pollution Control Board, and Mr. Vijay Panjwani, learned Counsel for the Central Pollution Control Board.

(2.) The High Court has by the impugned judgment inter alia directed that the industrial unit of the Petitioner be closedown immediately because of the environmental pollution caused by the industrial unit. On 01.10.2010, this Court directed that the matter be listed on 18.10.2010 and stayed the impugned judgment of the High Court till then. On 18.10.2010, the Court issued notice and continued the interim stay. The Court has continued the interim stay from time to time.

(3.) When the matter was taken up on 25.02.2011, the Court after hearing learned Counsel for the parties was of the view that an independent assessment of the present situation and condition of the industrial unit of the Petitioners, and its effect with reference to environmental pollution by National Environmental Engineering Research Institute (NEERI), after a joint inspection with the officials of Central Pollution Control Board, Tamil Nadu Pollution Control Board and the PIL Petitioners before the High Court, will help the Court to arrive at a decision and accordingly directed NEERI to make a pollution and environmental impact assessment and submit its report. Accordingly, NEERI carried out the inspection during 6th to 8th April, 2011 and 19th to 22nd April, 2011 and submitted its report.