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FORM 1
[See Rule 8(1)]
Before The National Green Tribunal sitting at Chennai.
MEMORANDUM OF APPLICATION
(Under section 18(1) read with Sections 14, 15 of National Green
(Tribunal Act, 2010.)
Application No..158..of..2017...

Between:
V.Ramasubbu,
Advocate
8/18c, Sri Sakthi Nagar,
Krishnapuram - 627011. ........ Applicant

And

1. Union of India Rep. By the Secretary to Government

Ministry of Environment and Forests and Climate Change
Government of India, Paryavaran Bhavan,
New Delhi - 110003.

2. The State of Tamilnadu Rep. By the Secretary to Government,

Department of Environment and Forest, Govt. of Tamilnadu,
Fort St.George, Chennai - 600003.

3. The Tamilnadu Pollution Control Board,

Through the member Secretary,
76, Mount Salai, Guindy, Chennai - 32.

4. The Joint Chief Environmental Engineer,

Tamilnadu Pollution Control Board,
Sidco Industrial Estate, Kappalur,
Madurai - 625008.

5. The District Environmental Engineer,

Tutucorin District
Tamilnadu Pollution Control Board,
9&7, Sipcot Industrial Estate, Meelavittan,
Tuticorin.

6. The District Collector,

Tuticorin District,
Korampallam, Tuticorin.
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7. The Central Pollution Control Board,

Through the Member Secretery,
Parivesh Bhawan, East Arjun Nagar,
New Delhi-110032

8. V.O. Chidambaranar Port Trust,

Through the Secretary
Tuticorin.-628001

9. The Commissioner of Customs ,

The Customs House, New Harbour Estate,
Tuticorin-628004.

10. Union of India Rep. By the Secretary to Government

Ministry of Commerce
Udyog Bhawan,
New Delhi-110107.

11. Union of India Rep. By the Secretary to Government

Ministry of Finance, department of Revenue,
New Delhi-110001.

12. M/s. Vedanta Sterlite, (I) Ltd.,

Sipcot Industrial Complex,
Meelavittan Village,
Tuticorin.-628001
....Respondents.

To
The Hon’ble Chairman and his companion Member of the
National Green Tribunal.
Humble Application Submitted by the
Applicant above Named

The Applicant is Mr. V.Ramasubbu, practicing as an advocate and he

is residing at 8/18c, Sri Sakthi Nagar, Krishnapuram - 627011. Tamilnadu

This application has been humbly submitted by the applicant with interested

to protect the immaculate environment and the protection of the right to

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clean environment guaranteed to him by the article 21 of the constitution of

India and the applicant hereby humbly seeking to execute his fundamental

duty which are enumerated in the article 51A (g) of the constitution of India

to protect the environment.

It is submitted the above named applicant begs to present the

Memorandum of Application against..

1) Against the unlawful excess production of the copper cathode more

than the consented and permitted quantity which was consented by

the Tamilnadu Pollution Control Board and permitted through

environmental clearances.

2) The severe Environmental damages through piled and dumped large

scale of copper slag at water spread area and buffer zone of

UPAARU stream in Puthukottai, Town Panchayat, Tuticorin

District.

3) Against the illegal operation of the factory unit without valid fresh

consent to operate obtained from the Tamilnadu Pollution Control

Board.

4) Against The primary effluent treatment plant is not being properly

operated.

5) Against the sulphur dioxide (so2) gas escaped from the scrubber and

thereby polluting the Air atmosphere

6) Against the ZERO LIQUID DISCHARGE is not properly maintained.

7) As well as Against for various polluted issues, various conditions

violations, various environmental offences committed by M/s.Vedanta

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Sterlite (I) Ltd., which is being located at S.F.No.1-7, 1220 to 1225,

etc.. of the SIPCOT Industrial Estate, Meelavittan village, Tuticorin,

Tamilnadu.

FACT IN BRIEF:

1. It is humbly submitted that M/s.Vedanta Sterlite (I) Ltd., which is

being located at S.F.No.1-7, 1220 to 1225, etc.. of the SIPCOT

Industrial Estate, Meelavittan village, Tuticorin, Tamilnadu. They

obtained Environmental clearance from the 1st Respondent for the

expansion of copper smelter (900 TPD to 1200 TPD). The vide F.No.J

- 11011 / 24 / 2006 - IA II (I) dated 9th August 2007. The copy of the

environmental clearance of Expansion is Annexed as Annexure

A1

1. It is submitted the environmental clearance was granted by the 1st

respondent to the 12th respondent for manufacturing the following

product.

Name Quantity (TPD)

Existing De-bottlenecking Total

Main Products:
1. Copper Anodes 900 300 1200
2.Copper Cathodes 875 0 874
3.Phosphoric Acid 800 0 800

Intermediate Products:
1.Anode Slime (refinery) 1.75 0 1.75

By Products
1.Sulphuric Acid 3150 1050 4200
2.Hydro fluro silicic Acid 25 0 25
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2. It is submitted that the consequent of the above mentioned

commercial product manufacturing by the 12th respondent factory

unit, The large scale of copper slag waste has been reproduced,

Subsequently the large scale of copper slag waste has been piled and

dumped for the long period as illegally in the stream of named

UPAARU stream at near Town Panchayat, Puthukottai, Tuticorin

District, Tamilnadu by the 12th respondent. The photo copies of the

piled and dumped copper slag waste is Annexed here with as

Annexure A2.

3. It is submitted that the named UPAARU stream (odai) is a natural

stream which is originating from Thattaparai, Tuticorin District and

flowing through various villages, including Puthukottai. Finally

converges in the sea of Gulf of Mannar. This is an ephemeral stream

and natural arrangement to drain raining water to the sea on its way

after filling tanks.

4. It is submitted that the part of the said UPAARU stream at Puthukottai

village has been encroached by the 12th respondent Company for

many years through continuous dumping of copper slag waste and

blocked the natural flow of stream UPAARU water. Consequently

upon the water of the UPAARU stream has been diverted into the

city, subsequently the Tuticorin city and surrounded villages was

flooded over during the rainy season between from 13.11.2015 to

23.11.2015 until. Due to the above said manmade blockage and

divergent of water flow of UPAARU, the unnatural manmade

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disaster was made to the people those who are living in the Tuticorin

city and surrounded village by the 12th respondent.

5. It is submitted that the review meeting proceedings of the 6th

respondent on 28.07.2016 and 24.09.2016 vide its decision proceeding

Disaster Management file No: 1/17488/2016 was very clearly and

very apparently clarified that, the copper slag waste piled and dumped

by the 12th respondent in the water spread area and in the buffer zone

area of the stream of UPAARU is the major reason to the unnatural

water flood and the man made unnatural disaster while heavy rainy

season in the Tuticorin city and the surrounded places The above said

file has been enclosed herewith as Annexure A3.

6. It is submitted that regarding the above said copper slag waste piled

issue an intimation notice u/s. 19(b) of the Environment (protection)

Act 1986 and Read with 49(1)(b) of the Water (Prevention and

Control of Pollution Act 1974) along with the photo copies of piled

copper slag at “UPAARU STREAM” was sent by the applicant to the

1st, 3rd, 5th respondent on dated 27.01.2017.The copy of the intimation

notice has been annexed as Annexure A4.

7. It is submitted that regarding the above said copper slag waste piled

issue a complaint was also sent to the Hon’ble Prime Minister office

through online interaction by the applicant dated 04.02.2017, with

the prayer to revoke the environmental clearance which was granted

by the 1st Respondent to the 12th Respondent factory unit for

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habitually violated the environmental laws and for committed

offences through habitually damaging the environmental.

Consequently the complaint was forwarded from the Hon’ble Prime

Minister’s Office grievances section to the 3rd Respondent for take

necessary action regarding the above said copper slag waste piled

issue. The online grievance status vide No.PMOPG/E/2017/0073535

has been annexed as Annexure A5.

8. It is submitted that the consequent of the intimation notice as well as

the above said, Hon’ble Prime Minister Office online complaint sent

by the applicant, an inspection was conducted regarding the above

said copper slag piled issue by the 4th Respondent along with 5th

Respondent together dated on 10.03.2017 and 11.03.2017.

9. It is submitted consequent of the inspection conducted by the 4 th and

5th Respondents various water and air polluting factors,

Environmental damaging factors thereby various violation of consent

order conditions, various violation of the environmental clearances

conditions and thereby continuously committed offences by the 12th

Respondent’s factory unit were found out by the 4th and 5th

Respondents as shockingly.

10. It is submitted that after the inspection of the 4 th and 5th Respondents,

Two show-cause notices were issued against the 12th Respondent’s

factory unit by the 4th respondent for the polluted issues. Environment

damages issues, thereby various violation of consent order conditions,

and for various violation of the environmental clearance conditions

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thereby continuously committed offences by the 12th Respondent’s

factory unit dated 14.03.2017.

11. It is submitted that the first one of the show-cause notice is u/s.25 of

the Water (Prevention and control of Pollution) Act 1974 as amended

in 1988 was issued by the 4th Respondent against the 12th

Respondent’s Factory unit vide proceedings No. TNPCB / JCEE(M ) /

MDU / TTN / F-0013/RL/W/2017 dated 14.03.2017 for violating

provisions of section 25 of the act which are punishable offences

U/s.44 of the Act Read with Section 45 A of the Act. The said first

one of the show-cause notice is annexed as Annexure A6.

12. It is submitted that the 11 types of severe water polluted issues

consequent thereof consent order conditions violation and thereby

committing offences were enumerated by the 4th Respondent against

the 12th Respondent’s factory unit in the above mentioned show-

cause notice vide No. TNPCB / JCEE(M) / MDU / TTN / F-0013 / RL

/ W / 2017 dated 14.03.2017. The enumerated Eleven type of severe

water polluted issues and thereby violating the conditions are

extracted from the show-cause notice as it is as follows:

[1] As per the Form ER-1 submitted by the unit to the Central Board of

Excise and Customs the product Copper Cathode has been mentioned

in the 3 places in the month of May 2017 as follows:

Copper cathode 602 MT

Copper cathode 15,284 MT

Copper Cathode 17,556 MT

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Total -33,422 MT

It may be seem from the above that the unit has gone for the excess

production than the consented quantity of 875 TPD without any

permission/consent of the TNPC Board.

[2] In the ETP-1 the following units were not in operation

1. Reaction Tank, 2. Flocculation. 3. Aeration tank &4. Secondary

clarifier

[3] Clarifier in the ETP-1 was found in choked conditions and slurry was

released and found deposited around the clarifier.

[4] The unit has to provide flow meter for the ETP-1 & separate flow

meter for other ETPS

[5] The unit has not maintained log book for ETPs

[6] There was a pin hole leakages in the pipe carrying the treated effluent

From ETP from ETP to RO plant

[7] During inspection, treated effluent overflow was found from the

clarifier- 2 Of ETP-2

[8] RO-3 was not in operation during the inspection

[9] The treated trade effluent from the ETPs is treated in the RO and the

Permeate is re-used in the process, whereas the RO rejects has to be

evaporated and salt from in it has to be recovered. But during the

time of inspection, multiple effect, evaporator and centrifuge were not

in operation. Also it was noticed that these treatment units were not in

operation for days together. In addition the unit has provided MVR

(Mechanical Vapour Recompressor) and centrifuge for the RO-3 and

these units were also not in operation. Hence, the RO-2 and RO-3
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units are not regularly operated and the ZLD is not properly

maintained.

[10] It was found that in the Sulphuric acid storage tank loading section

near the south of copper slag storage yard, sulphuric acid tanker

washings was found stagnated in the drain without pumped to the ETP

in addition, the drain was found blocked with the gypsum deposit both

inside and outside the drains blocking the free flow of storm water

resulting in flow of storm water to the nearby lands along with

chemical spillage like gypsum, etc.

[11] The copper slag was found dumped/stored along the uppar odai near

the bridge in National Highway of Tirunelveli-Thoothukudi road in

Pudukottai village. It was reported by the Unit authorities that about

3.52 Lac tons of copper slag was issued to Thiru. A. Paul, 5/11,

Sawyerpuram for levelling this site., but dumping of copper slag was

found on site during the time of inspection.

14. It is humbly submitted that the above mentioned 1st type of condition

violation is excess production of the copper cathode than the

consented and permitted quantity of 875 TPD. It is pointed out when

the consent to operate under section 25 of the water (prevention and

control of pollution ) Act, 1974 as amended in 1988(central Act 6 of

1974 ) was granted by the 3rd respondent To the 12th respondent vide

consent order No :160812068286 dated13/04/2016 proceedings No:

T12 / TNPCB / F.0212TTN / RL / TTN / W / 2016 dated 13/04/2016.

2 No’s of special conditions and along with 28 additional conditions

were framed against the 12th respondent by the 3rd respondent.

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15. It is submitted that The following special condition No:1 has been

extracted as it is from the said consent order as follows “ No:1 this

renewal of consent is valid for operating the facility for the

manufacture of products/by products (col.2)at the rate(col 3 )

mentioned below. Any change in the product / by product and its

quantity has to be brought notice of the board and fresh consent has to

be obtained”

Sl.No Description Quantity Unit

Product Details
1. Copper Anode 1200 T/day
2. Copper Cathode (from Anode produced) 875 T/day
3. Phosphoric Acid 800 T/day
By Product Details
1. Sulphuric Acid 4200 T/day
2. Hydro Fluoro Silicic Acid 25 T/day
Intermediate Product Details
1. Anode Slime (from Refinery) 1.75 T/day

And the condition No: 25 from the additional conditions has been

extracted as it is as follows” No:25. The unit shall restrict the

production within consented quantity and not to go for any excess

production than the consented quantity or expansion in any manner

without obtaining consent to operate from the board.” Therefore the

12th respondent should not have produced the copper cathode beyond

the consented quantity. Hence, it is very apparently and crystal clear

that the offence under section 44 of the water (prevention and control

of pollution act 1974 as amended in 1988) has been committed by the

12th respondent.
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16. It is submitted that previously the Environmental clearances which

were granted by the 1st respondent and subsequently the consent to

operate granted by the 3rd respondent to the 12th respondent to product

the copper cathode quantity of 875 TPD only. While such being the

excess production of the copper cathode than the consented quantity

of 875 TPD without prior environmental clearances for Expansion,

consent to establishment and without valid consent to operate is

utterly and blatantly unlawful.

17. It is submitted that copper cathode has been permitted and consented

to be produced only 875 / tonnes per day. Therefore, 875 / tpd x 365

days = 3,19,375 tonnes only should have been produced by the 12th

respondent, but contrary to that the copper cathode had been produced

3,62,000 tonnes by the 12th respondent in the financial year 2014-15,

it was promulgated by the 12th respondent themselves in the page no.

54 of the annual report of their company, and moreover the copper

cathode had been produced 3,84,000 tonnes by the 12th respondent in

the financial year 2015-16. It was also promulgated themselves in the

page no. 39 of the annual report of their company,

18. It is submitted that before the prior environmental clearance was

granted to the 12th respondent by the 1st respondents and before the

prior consent to operate was granted to the 1st respondent by the 3rd

respondent, The specific conditions, special conditions and the

additional conditions could have been drafted and stipulated against

the 12th respondent factory unit by the 1st, 2nd and 3rd respondents

only by calculated the pertinent environment impact accessibility and

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calculated only by the trade effluent and the trade emission which

has been discharged out from the 12th respondent factory unit after

producing the permitted and consented quantity of copper cathode

875 TPD. While such being the unlawful excess production of the

copper cathode by the 12th respondent factory unit is unexpected by

the 1st, 3rd, 4th, 5th, 7th respondents. Therefore unmeasured and

irreparable severe environmental damages could have been caused by

the 12th respondent factory unit through the excess trade effluent and

emission consequent of the excess unlawful production of the copper

cathode.

19. It is submitted that above enumerated 2nd to 12th types of water

polluting factors and condition violations are related to the effluent

treatment plant -1 and related to other effluent treatment plants.

Previously through above mentioned consent to operate order No:

160812068286 under water (prevention and control of pollution) act,

1974. The following additional condition No: 3 was stipulated by the

3rd respondent against 12th respondent is follows “ The unit shall

operate and maintain the ETP-6 No’s and Ro systems followed by the

MEE & centrifuge system efficiently and continuously and ensure

that the RO permeate and MEE condensate shall be recycling to

process after satisfying the standards prescribed by the board.” But

contrary to that various defects and shortfalls in the operating of

effluent treatment plant were found out by the 4th and 5th respondent

through the above mentioned inspection. It was reported that the

reaction tank, flocculation, Aeration tank, and secondary clarifier of

the effluent treatment plant -1 were not in operation, Hence, the very
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purpose of the effluent treatment plant -1 has become failure.

Therefore the water could not have been processed in the stipulated

manner to avoid the water pollutions.

20. It is humbly submitted that the Aeration tank is plying very important

role in the waste water treatment. The Aeration is the process of

Adding air into waste water to allow aerobic biodegradation of the

pollutant components. Aeration is often the first major process at the

treatment plant. The Aeration brings water and air in the close conduct

in order to remove dissolved gases (such as carbon dioxide).As well

as other 3 units are also plying very important role in the waste water

treatment. Therefore aeration tank including other 3 units of the

effluent treatment plant -1 should have been operated by the 12th

respondent to avoid water pollution. Hence the unmeasured damages

to the environmental could have been caused by the 12th respondent’s

factory unit.

21. It is submitted, In the matter of Paryavaran Suraksha Samiti

and another VS Union of India and others IN THE SUPREME

COURT OF INDIA CIVIL WRIT PETITION(C) NO. 375 OF 2012

the Honorable Supreme court of India held as follows

(0)“We therefore consider it just and appropriate, to direct

the concerned State Pollution Control Boards, to issue notices to all

industrial units, which require “consent to operate”, by way of a

common advertisement, requiring them to make their primary effluent

treatment plants fully operational, within three months from today. On

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the expiry of the notice period of three months, the concerned State

Pollution Control Board(s) are mandated to carry out inspections, to

verify, whether or not, each industrial unit requiring “consent to

operate”, has a functional primary effluent treatment plant. Such of

the industrial units, which have not been able to make their primary

effluent treatment plant fully operational, within the notice period,

shall be restrained from any further industrial activity ” . Therefore

the 12th respondent factory unit is being operated while effluent

treatment plant-1 is not in operation is utterly blatantly unlawful.

22. It is submitted that other various miscellaneous defects and shortfalls

in the operation of the Effluent treatment plant – I and in the other

ETP’s which enumerated by the 4th respondent through the above

mentioned show cause notice is very apparently that the recycled and

processed water never could have been satisfied the standards

prescribed by Tamilnadu pollution control board.

23. It is submitted that the above enumerated No’s: 8 and 9th type of

condition violation and water polluting factors in the show cause

notice are related to operating the RO system and related to ZERO

LIQUID DISCHARGE. Therein many defects and shortfall were

found in the operating of the RO system. It was found that the RO-3,

RO-2 units are not regularly operated. previously the following

condition number 19 had been stipulated as one of the additional

condition by the 3rd respondent through the consent to operate order

no: No:160812068286 against the 12th respondent is follows “The

unit shall install RO-III, which has been removed immediately so as to

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treat and reuse the water collected through storm water drain in the

rain water harvesting ponds” But contrary to that the Ro-3 was not in

operation moreover it was also reported as “ The RO-2 and R0-3units

are not regularly operated and the ZLD is not properly maintained ”.

Therefore the ZERO LIQUID DISCHARGE should have been

properly maintained by the 12th respondent. Hence it is very

apparently and crystal clear that the condition No: 19 had been

violated by 12th respondent.

24. It is submitted that the above mentioned 10th type of water polluting

factors are enumerated that the sulphuric acid tanker washings was

found stagnated in the drain without pumped to the ETP. in addition,

the drain was found blocked with the gypsum deposit both inside and

outside the drains blocking the free flow of storm water. Resulting in

flow of storm water to the nearby lands along with chemical spillage.

Therefore it is crystal clear Sulphuric acid tanker washings was not

pumped to the Effluent treatment plant properly and regularly. It is

also submitted that the sulphuric acid It dissolves when mixed with

water and it has moderate acute (short-term) toxicity on aquatic life

and it is a corrosive chemical that is potentially explosive in

concentrated form it can cause severe skin burns, can irritate the nose

and throat and difficulties breathing if inhaled, can burn eyes and

possibly cause blindness and can burn holes in the stomach if

swallowed and would badly burn any plants, birds or land animals

therefore the unmeasured damages could have been caused to the

surrounded environmental by the 12th respondent and it is also crystal

clear the clean factory premises was not maintained.

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25. It was also found through the inspection report that the failure of the

RO-III regular operation and maintenance the free flow of the storm

water flooded over in the nearby lands along with chemical spillage

therefore that the 12th respondent factory unit is not having the clean

environmental.

26. It is submitted that the above mentioned No: 11 th type of the

condition violation and the major water polluting issue is already

above explained Piled and dumped copper slag waste in the water

spread area and buffer zone area of uppar odai (stream) it was

reported through the above mentioned show cause notice that, as per

the report given by the 12th respondent factory unit authorities to the

4th and 5th respondent as follows “that about 3.52 lac tons of copper

slag was issued to thiru A.paul,5/11 sawyerpuram for levelling this

site.” It is also submitted that through the above mentioned consent

order No :160812068286 dated 13/04/2016 one of the condition

stipulated through additional condition No:11 is extracted as follows

“the unit shall dispose the gypsum and copper slag for sustainable

applications i.e. for shot blasting, road building activities, cement

industries and other relevant areas of application with approval from

concerned agencies”

27. It is also submitted Moreover one of the specific condition No:V has

been stipulated through the environmental clearance is extracted as it

is as follows “The slag shall be sold to cement plants “or” used for

blast applications”. But contrary to that 3.52 lakhs tons copper slag
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has been piled and dumped at the upparu stream is utterly and

blatantly unlawful.

28. It is submitted that above mentioned consent operate order No:

160812068286 dated 13/04/2016 under section 25 of the water (

prevention and control of pollution ) Act, 1974 as amended in 1988 is

valid until March 31, 2017 only had been issued by the 3rd respondent

to the 12th respondent factory unit. There after the fresh consent to

operate has not been granted by the Tamilnadu pollution control board

to 12th respondent factory unit so far. Therefore the 12th respondent

factory unit is being operated without valid fresh consent to operate

from 31/03/2017 so far.

29. It is humbly submitted that the 2nd one of the show cause notice under

section 21 of the Air (prevention and control of pollution) act 1981

was issued by the 4th respondent sent to the 12th respondent for

violating the provisions of section 21 of the act which were

punishable under section 37 of the act. The proceedings No of the

show cause notice is: TNPCB/ JCEE (M)/ MDU/TTN/F-

0013/RL/A/2017 dated 14.03.2017. It is annexed as Annexure A7.

30. It is submitted that therein totally 6 types of severe Air polluted

issues consequent thereof consent order conditions violation and

thereby committing offences were enumerated by the 4 th Respondent

against the 12th Respondent’s factory unit in the above mentioned

show-cause notice vide No. TNPCB / JCEE(M) / MDU / TTN / F-

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0013 / RL / A / 2017 dated 14.03.2017. The enumerated 6 type of

severe water polluted issues and thereby violating the conditions are

extracted from the show-cause notice as it is as follows:

[1.] As per the form ER-1 submitted by the unit to the Central

Board of Excise and Customs, the product Copper Cathode has

been mentioned in the 3 places in the month of May 2017 as

follows:

- Copper cathode - 602MT

- Copper Cathode - 15,264 MT

- Copper Cathode - 17,556 MT

Total - 33.422 MT

It may be seem from the above that the unit has gone for the

excess production than the consented quality of 875 TPD

without any permission/consent of the TNPC Board.

[2]. Dust emission was found spreading to the atmosphere from the

Copper revert screening section, without going to the Air

pollution control measures.

[3]. Dust / smoke / fumes emission were spreading from the

converter roof section without going to the scrubber provided in

the section.

[4]. Dust was emanating and spreading from the Rock phosphate

unloading and handling area to the nearby atmosphere without

fully collected and filtered in the bag filtered provided in his

section. Also dust from this area was found deposited on the

trees / plants on the south side of the area.

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[5]. Fugitive dust was spreading from the Gypsum storage area,

rock phosphate handling area and from the roads near Sulphuric

Acid plant area.

[6]. Nose irritation was observed near FGDS area, which is due to

the spreading of so2 Gas escaping from the Scrubber.

31. It is humbly submitted that the above mentioned 1 st type of condition

violation regard “excess production of the copper cathode than the

consented quantity of 875 TPD” without fresh prior consent to operate

is utterly and blatantly unlawful.

32. It is submitted that before the prior environmental clearance was

granted to the 12th respondent by the 1st respondent and before the

prior consent to operate was granted to the 12st respondent by the 3rd

respondent, The specific conditions, special conditions and the

additional conditions, As well as Air control measurements, Ambient

Air quality standards and Emission standards could have been drafted

and stipulated against the 12th respondent factory unit by the 1st, 2nd

and 3rd respondents only by calculated the pertinent environment

impact accessibility and calculated only by the trade emission which

has been discharging out from the 12th respondents factory unit

chimneys after producing the permitted and consented quantity of

copper cathode 875 TPD. While such being the unlawful excess

production of the copper cathode by the 12th respondent factory unit

is unexpected by the 1st to 5th and by 7th respondents. Therefore

unmeasured and irreparable severe environmental damages could

have been caused by the 12th respondent factory unit through the
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excess trade dust emission, fumes, and smoke consequent of the

excess unlawful production of the copper cathode.

33. It is humbly submitted that the above mentioned No: 2nd type of

condition violation and Air polluting factors are the dust emission was

found spreading to the atmosphere from copper revert screening

section, without going to the air pollution control measures.

Previously one of the additional condition No :1 was Stipulated

through the consent to operate under Air( prevention and control of

pollution ) Act ,1981 as amended in 1987 consent order No:

160822068286 dated 13/04/2016. It was stipulated against 12th

respondent by the 3rd respondent as follows “The unit shall operate

and maintain the Air pollution control measures provided at all

emission sources continuously and efficiently to satisfy the Ambient

Air quality/emission standards prescribed by the board”. Therefore it

is pointed out that the Air pollution control measures and Anti-

polluted equipments are not being provided at all emission sources

continuously and efficiently. Hence it is apparently the Ambient Air

quality and Emission standards could not have been reached by the

12th respondent factory unit which prescribed by the 3rd respondent.

Hence severe intangible damages to atmosphere could have been

caused by the 12th respondent factory unit through air pollution.

34. The above enumerated No: 3rd type of the Air polluting factors are

dust /smoke /fumes emission were spreading from the converter roof

section without going to the scrubber provided in the section. Hence it

is crystal clear that the scrubber was not properly, efficiently and
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continuously maintained by the 12th respondent in the converter roof

section to avoid the dust, smoke, fumes spreading from the converter

roof.

35. It is submitted that the above mentioned No: 4th and 5th type of the air

polluting factors and thereby condition violations are related to the

dust emanating and spreading from the rock phosphate unloading and

handling area to the nearby atmosphere without fully collected and

filtered in the bag filter provided in this section. It was found in the

inspection the dust was found deposited on the trees /plants on the

south side of this area. It was also found fugitive dust was spreading

from the gypsum storage area, rock phosphate handling area and from

the roads near sulphuric acid plant area. Meantime Previously the

additional condition No: 5 has been stipulated by the 3rd respondent

through the above mentioned consent to operate against the 12th

respondent is follows “ The unit shall operate and maintain the dry

collection systems with bag filters installed at rock phosphate area,

effectively and periodically for averting dust carry over. The unit

shall improve the efficiency of bag filter provided in the rock

phosphate handling area so to avoid the dust spreading from this area

to the surroundings”. Therefore it is very apparently the dry dust

collection systems with bag filters are not being maintained

effectively and periodically by the 12th respondent to avoid the dust

spreading from this area to the surroundings.

36. It is submitted that the additional condition No: 4 has been stipulated

by the 3rd respondent against 12th respondent factory unit through the
 23

above mentioned consent to operate order as follows. “The unit shall

operate and maintain the fully closed gypsum conveyor belt

effectively and continuously for prevention of fugitive dust”.

Therefore it is very crystal clear that the fully closed gypsum

conveyor belts is not maintained efficiently and continuously for

prevent the fugitive dust spreading from gypsum storage area.

37. It is submitted that the above mentioned 6th type of the Air polluting

factors and issue was found as Nose irritation was observed near

FGDS area which is due to the spreading of SO2 gas escaping from

scrubber. Therefore it is crystal clear that the scrubber in the section

of sulphur dioxide (so2) handling area is not efficiently, continuously

and properly maintained by the 12th respondent factory unit. It is

pointed out that the spreading of sulphur dioxide could be severe

polluted the Air environment and moreover the electro static

precipitator should have been installed in the chimney to remove the

sulphur-di-oxide (So2) by the 12th respondent.

38. It is submitted the sulphur dioxide could have been spread over to the

various surrounded atmosphere due to escaping from the scrubber.

Therefore severe unmeasured damages and intangible damages to the

surrounded environment could have been caused by the 12th

respondent factory unit.

39. It is submitted as per the conditions stipulated by the 3rd and 7th

respondents that the 7 numbers of their owned CONTINUOUS

 24

AMBIENT AIR QUALITY MONITORING STATIONS (CAAQMS)

have been operated, maintained by the expert engineers of the 12th

respondent factory unit to monitor the sulphur dioxide SO2 , Nitrogen

oxide NOx And some other noxious gases. Meanwhile the calibrated

measurement in the (CAAQMS) was not sealed by the 3rd and 7th

respondents. Therefore, the calibrated measurement parameter can be

changed by the expert engineers of the 12th respondent factory unit

very easily to enshroud the excess emission of sulphur dioxide,

Nitrogen oxide (NOx) And some other noxious gases. Therefore the

online monitoring system of the 3rd and 7th respondents could not have

been monitored by the 3rd and 7th respondents as regularly and not

followed by the 12th respondent therefore the excess emission of the

sulphur dioxide, Nitrogen oxide (NOx) And some other noxious gases

could not have alarmed the 3rd 4th,5th, and 7th respondent,

40. It is submitted that, the CONTINUOUS AMBIENT AIR QUALITY

MONITORING STATIONS (CAAQMS) have been operated under

the computerised programme only. Therefore the computerized

programme in the CAAQMS can be changed and the instrumental

tampering can be done easily by the expert engineers of the 12th

respondent factory unit very easily to enshroud the excess emission of

sulphur dioxide, Nitrogen oxide NOx and some other noxious gases

hence the excess emission of the sulphur dioxide, Nitrogen oxide NOx

Could not have been monitored and found out by the 3rd , 4th, 5th and

7th respondents.
 25

41. It is submitted, a common man can easily observe the nose irritation

and dark smoke, and dust can be seen whenever crossing the 12th

respondent factory surrounded places, It is also submitted the sulphur

dioxide SO2 could have been spread over to the various surrounded

atmosphere, Therefore the particles of the sulphur dioxide can be

deposited in the leafs of the trees which are surrounded at the factory

unit.

42. It is submitted that the Air pollution by SO2 Gas the following effects

on human beings:

1. Corneal

2. Breathing difficulty

3. Airways inflammation

4. Psychic alterations

5. Pulmonary oedema

6. Heart failure.

7. Circulatory collapse

43. It is also submitted Sulphur dioxide is also associated with asthma,

chronic bronchitis, morbidity and mortality increase in old people and

infants. Sulphur is highly noxious venom for people's health, although

we can be more resistant than other creatures that live with us. For

example, the level of 0,3 µg per cubic meter of air implies a potential

risk for human health, but for trees, 0,2 µg is extremely dangerous.

Because of that, sulphur oxides (SOx) and sulphuric acid (H2SO4) are

related with the damage and destruction of vegetation, soil

 26

deterioration, construction material and watercourses. Therefore the

scrubber in the section of sulphur dioxide handling area should have

been maintained as efficiently and continuously to avoid the Air

pollution due to the SO2 gas spreading by the 12th respondent factory

unit.

Grounds :

a). The 12th respondent factory unit is being operated without fresh

valid consent to operate from 31.03.2017 for the enhancement production of

the copper cathode so far.

b). It is submitted that copper cathode has been permitted and

consented to be produced only 875 / tonnes per day. Therefore, 875 / tpd x

365 days = 3,19,375 tonnes only should have been produced by the 12th

respondent, but contrary to that the copper cathode had been produced

3,62,000 tonnes by the 12th respondent in the financial year 2014-15, it was

promulgated by the 12th respondent themselves in the page no. 54 of the

annual report of their company. It is Annexed as Annexure A8.

c). It is submitted that, the copper cathode had been produced

3,84,000 tonnes by the 12th respondent in the financial year 2015-16. It was

promulgated themselves in the page no. 39 of the annual report of their

company. It is annexed as Annexure A9.

d). It is submitted that the copper cathode should not have been

produced beyond the consented and permitted quantity of 875 TPD by 12th
 27

respondent factory unit. Therefore, offence under section 44 of the water

prevention and control of pollution act 1974 as amended in 1988 and along

with offence U/s 37 of the Air (prevention and control of pollution) Act

1981 has been committed by the 12th respondent.

e). It is submitted that The 12th Respondent have been producing the

copper cathode beyond the consented and the permitted quantity therefore

the enhancement of the production of the copper cathode must be obtained

fresh Environmental clearances of Expansion from the 1st respondent and

along with the fresh consent to establishment and fresh consent to operate

must be obtained from the 3rd respondent. Therefore the renewal of the

consent to operate must be construed as fresh consent and it is also cannot be

considered by the 3rd,4th and 5th respondents at this stage without prior

consent to establishment.

f). It is submitted that The consent to operate which is granted by the

3rd respondent vide Order No: 160812068286 and 160822068286 dated

13.04.2016 has expired. Therefore the continuous operation of the 12th

respondent factory unit is unlawful, and arbitrary the consent order has been

annexed as Annexure 10.

g). It is submitted that the Honorable Supreme court has already ruled

against the 12th respondent factory unit in Civil Appeal Nos. 2776-2783 OF

2013(Arising out of SLP (C) Nos. 28116-28123 of 2010) STERLITE

INDUSTRIES (INDIA)LTD VS UNION OF INDIA & ORS. Etc.The

 28

few lines of the precedent from the 39th Para has been extracted as it is as

follows :

PARA 39.“we are of the view that the appellant-company should

be held liable for a compensation of Rs. 100 crores for having polluted the

environment in the vicinity of its plant and for having operated the plant

without a renewal of the consents by the TNPCB for a fairly long period and

according to us, any less amount, would not have the desired deterrent effect

on the appellant-company. The aforesaid amount will be deposited with the

Collector of Thoothukudi District, who will invest it in a Fixed Deposit with

a Nationalized Bank for a period of five years. The interest there from will

be spent for improving the environment, including water and soil, of the

vicinity of the plant after consultation with TNPCB and approval of the

Secretary, Environment, Government of Tamil Nadu”. Therefore the 12th

respondent has been utterly and blatantly violating the honorable supreme

court judgment through operating the factory unit continuously without

fresh valid consent to operate.

h). It is submitted that the above mentioned honorable Supreme Court

precedent was followed by the honorable National green tribunal principal

bench in the matter of Krishan Kant Singh Anr vs National Ganga

River Basin ( Original Application NO.299 Of 2013 ) The honorable

principal bench of NGT has enumerated Through the Para No:51 as follows

51. “The Supreme Court in the case of Sterlite Industries (India)

Ltd. v. Union of India & Ors. (2013) 4 SCC 575, enunciated the principle
 29

that a company which has caused the damaged to the environment and for

operating the plant without valid renewal of consent for a fairly long period

would obviously be liable to compensate by paying damages” Therefore

the 12th respondent cannot be allowed to be operated the factory unit

without valid consent to operate against the above mentioned precedents.

i). It is submitted that the huge quantity of copper slag that about 3.52

lack tonnes should not have been dumped in the water spread area and buffer

zone of the uppar odai (stream). Therefore offence under section 24 and

section 44 of the water prevention and control of pollution act 1974 as

amended in 1988 has been committed by the 12th respondent.

j). It is submitted the review meeting proceedings of the 6 th respondent

on 28.07.2016 and 24.09.2016 vide its decision proceeding Disaster

Management file No: 1/17488/2016 was very clearly and very apparently

that the piled and dumped copper slag is the major reason to the unnatural

water flood and the man made unnatural disaster while heavy rainy season in

the Tuticorin city and the surrounded places. And it was also accepted and

assurance given by the vice president of the 12th respondent factory unit To

remove the copper slag. But contrary to that the copper slag has not been

removed so far.

k). It is submitted The primary effluent treatment plant ETP-I should

have been operated efficiently and continuously and properly by the 12th

respondent. In the matter of PARYAVARAN SURAKSHA SAMITI

AND ANOTHER VS UNION OF INDIA and others IN THE

 30

SUPREME COURT OF INDIA CIVIL WRIT PETITION(C) NO. 375 OF

2012 the Honorable Supreme court of India held as follows

Para no4 :“We therefore consider it just and appropriate, to

direct the concerned State Pollution Control Boards, to issue notices to all

industrial units, which require “consent to operate”, by way of a common

advertisement, requiring them to make their primary effluent treatment

plants fully operational, within three months from today. On the expiry of

the notice period of three months, the concerned State Pollution Control

Board(s) are mandated to carry out inspections, to verify, whether or not,

each industrial unit requiring “consent to operate”, has a functional

primary effluent treatment plant. Such of the industrial units, which have not

been able to make their primary effluent treatment plant fully operational,

within the notice period, shall be restrained from any further industrial

activity This direction may be implemented by requiring the concerned

electricity supply and distribution agency, to disconnect the electricity

connection of the defaulting industry. We therefore hereby further direct,

that in case the concerned State Pollution Control Boards make a

recommendation to the concerned electrical supply and distribution

agency/company, to disconnect electricity supply to an industry, for the

reason that its primary effluent treatment plant is not functional, it shall

honour such recommendation, and shall disconnect the electricity supply to

such defaulting industrial concern, forthwith.” Therefore the 12th

respondent factory unit cannot be allowed to be operated while the primary

ETP-I is not in proper operation.

 31

l). The ZERO LIQUID DISCHARGE should have been maintained by

the 12th respondent as properly.

m). It is humbly submitted that the following other main products 1.

Copper anodes 2. Phosphoric Acid and along with the intermediate

products : 1. Anode slime (refinery ) As well as by products : 1. Sulphuric

Acid 2. Hydro fluro silicic Acid also could have been produced beyond the

consented quantity by the 12th respondent factory unit. As like the unlawful

excess production of copper cathode, therefore it is much deserves to be

inspected by the concerned experts.

n). It is humbly submitted that the unlawful excess production of the

copper cathodes than the consented quantity has been allowed to be exported

by the 8th to 11th respondents, In addition to that the unlawful excess

production of copper cathodes has been encouraged to be exported by the

10th and 11th respondents, by granting duty draw back amount to the

unlawful excess production of copper cathodes against the provisions of the

environmental laws.

o). It submitted as soon as after the intimation notice above Annexed

as A4 which sent by the applicant to the respondents, the respondents 1st to

5th and 7th should have taken appropriate steps and actions to take penal

action against the 12th respondent factory unit for committing various

offences against the all environmental laws which are enumerated above,

and the respondent should have lodged private complaint against the 12 th

respondent factory unit before the competent court under section 200 of
 32

CRPC as separately for various offences committed under all environmental

laws. But the respondents has failed to prosecute the 12th respondent

industry for their best known reasons.

Limitation:

I. The intimation notice under section 19(b) of environmental

production act 1988 was sent by the applicant dated 27.01.2017.

II. The prime Minister office grievances online complaint was sent by the

applicant on dated 04/02/2017

III. The inspection was conducted by the 5th and 6th Respondents at the

12th respondent’s factory unit dated on 10/03/2017 and 11/03/2017

IV. The show cost notices were issued to the 12th respondent factory unit

by the 5th Respondent and dated 14/03/2017.

V. And the applicant declares that as per the national green tribunal act

2010 this application is well within the prescribed legitimate time

limit.

Interim relief prayer:

If the above explained facts and circumstances regarding the

precarious situation allowed to be continued, during the time of hearing, The

environmental and the atmosphere may be severely caused by the polluted,

defects, and shortfall issues which are enumerated above, as well as the

people those who surrounded are pushed to the continuous endanger of

polluted atmosphere, Hence it is prayed that this hon’ble Tribunal may be

pleased to issue the following interim (order as pending disposal of the

matter.)
 33

A. To direct the 1st respondent to revoke or suspend the environmental

clearance for involving in the unlawful excess production of copper

cathode than the consented and permitted quantity. pending disposal

of the application

B. To direct the 3rd , 4th, 5th respondents to stop the unlawful excess

production of the copper cathode than the consented quantity. by

stoppage the power, water supply to the 12th respondent factory unit

and by closure the highly polluting 12th respondent factory unit

immediately until fresh consent to operate obtained after obtained

prior environmental clearances, prior consent to establishment as

prescribed manner.

C. To direct the 12th respondent factory unit to remove the 3.52 lakhs

tonnes of the illegally dumped copper slag waste completely and

immediately from the water spread area and from the buffer zone area

of the said UPPARU water stream and direct to ensure the free flow

of water.

D. To direct the 1st to 6th respondents to supervise and monitor the work

of the removing dumped copper slag from upparu water stream and

direct to ensure the free flow of the water.

E. To direct the 6th respondent to submit the total pecuniary damage

value report of the unnatural manmade disaster by way of water

flooded over in the Tuticorin city and surrounded places during 13-11-
 34

2015 to 23-11-2015 by blocking the natural free flow of water of the

upparu stream through illegally dumping the 3.52 lakhs of copper slag

waste by the 12th respondents.

F. To direct the 6th respondent to submit the entire details of the fiscal

allotments of the governments to rehabilitate the affected places after

above described manmade disaster.

G. To direct the 8th to 11th respondents to submit the entire accountability

details to the total quantity of the copper cathode year wise separately,

which has been exported by the 12th respondent’s factory unit from

the commencement of the export activities of the copper cathode until

12.07.2017.

H. To direct the 8th to

11th respondents to submit the entire accountability

details to the total quantity of the Anode Slime, year wise separately

which has been exported by the 12th respondent from the

commencement of the export activities to until 12.07.2017.

I. To direct the 8th, 9th ,10th and 11th respondents to not to allow, And

direct to stop the export activities of the excessively produced copper

cathode and also other products unlawfully which are produced by the

12th respondent than the consented and permitted quantity against the

provisions and directions of the environment laws.

 35

J. To direct the 12th respondent to submit entire accountability details to

the domestic sale quantity details of the Copper cathodes and the

Anode slime from the commencement of the production activities to

12.07.2017 until.

K. To direct the 11th respondent to stop the drawback duty amount which

has been granted to the 12th respondents for the export of the excess

production of the copper cathode and other products unlawfully than

the consented quantity.

L. To direct the 2nd to 5th and 7th respondents to seal or lock the

calibration measurements of parameters in the CONTINUOUS

AMBIENT AIR QUALITY MONITORING STATIONS (CAAQMS)

to aware to find out the Excess emission of the sulphur dioxide SO2

,Nitrogen oxide NOx And some other noxious gases.

M. To direct the respondents 2nd to 5th and 7th to conduct an inspection

report by the expert engineers to find out the excess emission of the

Sulphur dioxide SO2, Nitrogen oxide NOx And some other noxious

gases.

N. TO direct the collect the leaf of the tress which are surrounded to the

11th respondents factory premises to find out the particles of the

Sulphur dioxide SO2, Nitrogen oxide NOx and some other noxious

gases which deposited in the leaf of the trees through excess emission

of the above said gases.

 36

PRAYER:

In the light of the above mentioned facts and circumstances herein

above it is most respectfully prayed that this Hon’ble Tribunal may kindly

be pleased to..

A) To direct the 12th respondents to compensate the environmental

damages which are caused by the 12th respondent according to the

polluter pays principle.

B) To direct the 12th respondent to compensate the environmental

damages caused by the 12th respondent due to unnatural manmade

disaster by manmade blockage by the dumped copper slag at

UPPARU stream.

C) To direct the 12th respondent to pay the total expenditure, and the

fiscal allotments of the governments to rehabilitate the Tuticorin and

surrounded places due to the unnatural manmade disaster by

manmade blockage by dumped copper slag at upparu stream.

D) To direct the 1st to 5th respondents to prosecute the 12th respondent for

committed the offences against all environmental laws separately.

 37

E) To direct the 1 to 7th respondent to close the highly polluting 12th

respondents industry as permanently with extreme interested to save

the healthy life of the people those who are living in the Tuticorin and

surrounded places according to the legal maxim salus populi

suprema lex esto and for habitually damaging the environmental

through continuously violating the all environmental laws.

F) Pass such other orders as may be deemed fit and proper and

necessary in the facts and circumstances of the case thus render justice

Applicant.

VERIFICATION:

I, V.Ramasubbu, S/o. Late.S.Vijayakumar aged 29 years

residing at Door.8/18c, Sri Sakthi Nagar, Krishnapuram, Tirunelveli –

627011 do hereby verify that, the contents of the every paragraph are true to

the best of my knowledge and grounds are based on legal advice and I have

not suppressed any material facts.

12 / 07 / 2017 Applicant
Place: chennai