Sterlite Decision Still Faces Uncertainty As Madras HC Dismisses Plea Filed By TN Government Against CWB Report 

The Madras High Court dismissed a plea filed by the Tamil Nadu government against the Centre's report on groundwater pollution in Tutucorin, allegedly in favour of Sterlite, on Monday (19 November), reports Times of India.

A division bench consisting of Justices M M Sundresh and Krishnan Ramasamy dismissed the plea after recording the submissions of the Central government on the grounds that the challenge will only lie before the Supreme Court under Article 131 of the Indian Constitution."It is up to the state to accept or disregard the report and it is open to it to question the report in a manner known to law," said G Rajagopalan, additional solicitor-general.

The bench, while recording the submission, said,"We are not going into the merits of the case or express any opinion. Petition disposed of."

The Central Groundwater Board (CGWB) filed an affidavit in response to a plea filed by the Tamil Nadu government stating that they never intended to favour Sterlite in the report submitted by them.

"As the scientific team could not enter the premises of Sterlite for collecting samples, it was not possible for them to establish a direct link between ground water contamination and the effluent seepage from the plant as stated in the report. The conclusions arrived at by CGWB has neither ruled out pollution by Sterlite nor does it at any point contradict the findings of the Tamil Nadu Pollution Control Board investigations," said C Paul Prabhakar, the board's regional director, through the affidavit.