The Supreme Court on Friday asked the National Energy Research Institute (NERI) to inspect Sterlite Industry's copper smelting plant at Tuticorin in Tamil Nadu for pollution and submit the report within eight Weeks.

In view of differences in the findings of Central Pollution Control Board and Tamil Nadu Pollution Control Board, a bench comprising justices R V Raveendran and A K Patnaik directed NERI to visit the site and make a report on the environmental compliance by the Vedanta group company.

“In conflicting views, we are of view that NERI should file report after detailed inspection over the points raised by the CPCB and TNPCB,” the bench said.

The bench said its stay on the order of the Madras High Court, directing Sterlite Industries to close its copper smelting plant, would continue till next hearing.

Observing that NERI itself had given conflicting reports on the issue, the apex court asked it to consider them as well while finalising the new findings.

It also directed Sterlite to take steps to address the suggestions and shortcomings pointed out by CPCB and TNPCB.

“Without waiting for the report of NERI, petitioner (Sterlite) shall attend various suggestions of CPCB and TNPCB and gave effect to the suggestion,” the court said, adding that “if you do not do then you are at your own risk“.

The bench also asked NERI to inform CPCB, TNPCB and group of people, who are party in the suit, “so that they also assist in making proper report“.

As per the apex court's order, the entire cost of NERI's survey would be borne by Sterlite.

The Supreme Court's direction came over a petition filed by Sterlite, a subsidiary of UK—based Vedanta Group, against the order of the High Court, which ordered on September 28 the shutting down of the smelting plant for not complying with environmental norms.

During the hearing, TNPCB informed the apex court that Sterlite has failed to comply with its direction to take appropriate steps for storage of raw materials, solid waste disposal, controlling fugitive gaseous emissions and to develop a green belt of 75 per cent as per license conditions.

According to TNPCB, Sterlite has developed only 25 per cent of the green belt and its solid waste disposal was not good.

However, CPCB and the Ministry of Environment and Forest (MoEF) said that all pollution parameters were well in control and within the permissible limits.

Sterlite, in its petition against the order, has claimed that the High Court did not give it a proper hearing and ignored its submissions.

The High Court held that Sterlite's plant was within 25 km of an ecologically fragile area and it failed to develop a 250 metre-wide green belt around the plant.

During the last hearing on October 18, the apex court had issued notices to the Centre, the Tamil Nadu government and TNPCB.

The court had also directed the TNPCB to file the latest position on the plant and surrounding areas, after the National Trust for Clean Environment alleged that the site still has heavy solid waste contamination.

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