National Green Tribunal makes environment clearance mandatory for Vedanta's mining plant in Goa

The National Green Tribunal (NGT) held that the contention that when the plant was initially set up in the year 1997, the requirement of notification was not applicable is not sufficient to hold that environment clearance is not required now

The National Green Tribunal (NGT) has made obtaining environment clearance mandatory for the Vedanta's mining plant in the Dharbandora area in Goa. An NGT bench headed by its Chairperson Justice Adarsh Kumar Goel ruled that the recommencement of the plant can only be done after obtaining the environment clearance (EC).

"Accordingly, we hold that the application is maintainable and requirement of prior EC for operating the plants in question by Respondent no. 4 (Vedanta) is attracted. The Ministry of Environment and Forests and the Goa State Pollution Control Board may take further remedial action in accordance with this finding to enforce the rule of law," the bench said.

The NGT bench was hearing a plea filed by NGO Goa Foundation Question challenging operation of Vedanta plant located at Codli Village in Dharbandora on former mining lease without the requisite EC as per EIA Notification only on the strength of Consent to Operate granted by the Goa State Pollution Control Board in 2019.

The tribunal noted that though the plant had recommenced in the year 2019, such recommencement requires the grant of EC even if the plant was started prior to the year 2006.

"Such recommencement in our view required EC. The contention that when the plant was initially set up in the year 1997, the requirement of notification was not applicable is not sufficient to hold that EC is not required even after the plant started at a different location," the bench said.

The tribunal felt that it cannot avoid its responsibility in dealing with the issue particularly when a direct violation of specific statutory obligation is pointed out.

"This cannot be ignored nor any commercial establishment committed to rule of law can oppose this being done," the bench observed.

According to the applicant, after the judgment of the Supreme Court in Goa Foundation vs. Sesa Sterlite Ltd. & Ors, mining operations were halted leading to the closure of the beneficiation plants in question.

The same subsequently commenced, after the CTO dated 19 September 2019, granted by the state pollution control board for the process of 2.1 million tonnes of iron ore per annum, without requisite EC.

It said the mere fact that initially the plants were set up at the time the EIA notification did not exist should not matter now.