Reported by
Legal Review by
Edited by
Updated by
Published on
June 22, 2022
July 7, 2022
Edited on
June 22, 2022
On 31st March, 2022, the Union Ministry of Environment granted environmental clearance (EC) to Sun Pharma Industries Limited for increasing its production capacity from 25.5 TPM to 134.082 TPM. The move has come under criticism from activists and locals as the plant is located inside the Vedanthangal bird sanctuary, in Chengalpattu district of Tamil Nadu. The sanctuary consists of a main lake area spread over 29.51 hectares, and additional surrounding zone of 5 Kilometre.
The EC has come at a time when a case alleging pollution by Sun Pharma is pending at the National Green Tribunal (NGT). M. Yuvan, an environmentalist with Madras Naturalist Society, told LCW that the ongoing case at the NGT is currently contesting the claim that the plant has zero liquid discharge. It may be noted that a private study conducted by Chennai Climate Action Group found the presence of toxic chemicals like Toluene in water bodies within the sanctuary.
Sun Pharma's plans for expansion first became public in early 2020. The Tamil Nadu government declined Sun Pharma's request for expansion in 2020. But the government simultaneously announced plans for reducing the surrounding zone of the sanctuary from an earlier 5 Kilometre to 3 Kilometre. If implemented, this would have led to a 40 percent reduction in the size of the sanctuary, opening the denotified parts for commercial use. It would also have facilitated the expansion of Sun Pharma, as the company would then won't have to seek required environmental clearances for its expansion. This decision faced widespread opposition from environmentalists and locals living in and around the sanctuary. It was scrapped a year later.
Meanwhile a petition challenging Sun Pharma's expansion plans was filed in the NGT in 2020 by Meenava Thanthai Nala Sangam, a civil society organisation based in Tamil Nadu. In June 2020, the Tribunal ordered the setting up of a joint expert committee to probe the alleged violations. This committee submitted its report in November 2020 stating, that a number of volatile organic compounds namely Toluene, Chlorobenzene, M-xylene and Naphthalene were found in the samples collected from monitoring wells, indicating that the groundwater within the plant premises was contaminated. But they did not find any contamination of surface water sources. The committee also calculated an interim compensation of Rs 58.2 lakh for the environmental damage caused by the industry.
Sun Pharma was granted the environment clearance for its expansion plans by the Union Environmental Ministry in March 2022. But the clearance was made conditional upon the unit receiving wildlife clearance from the National Board for Wildlife, as it is located 3.72 km away from the main lake area of the sanctuary. Stanley Hebzon Singh, the advocate for the petitioners, told LCW they would fight the EC at the NGT as a separate cause of action. "We had highlighted major violations in our application. But the committee did not find any such water pollution. We now have to file an objection to this." In May 2022, NGT admitted a plea against the environmental clearance granted to Sun Pharma's expansion plans and directed the maintenance of status quo.
Demand to cancel the project
Opposition against environmental degradation
Rural
Common and Private
Forest
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
202.36
Type of investment:
Investment Expected
Year of Estimation
2022
Page Number In Investment Document:
4
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Violation of environmental laws
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
National Green Tribunal, Southern Bench
Case Number
Original Application No. 88 of 2020 (SZ)
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Community-based participatory research
Media-based activism/alternative media
Campaigns (grassroots organisations/press releases/media)
Government Departments Involved in the Conflict:
Union Ministry of Environment, Forests, and Climate Change, Tamil Nadu Pollution Control Board, Tamil Nadu Forest Department, National Board for Wildlife
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Sun Pharmaceuticals Industries Ltd
Did LCW Approach Corporate Parties for Comments?
No
Communities/Local Organisations in the Conflict:
Chennai Climate Action Group, Meenavar Nala Sangam (Fishers' Welfare Association)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
A view of the Vedanthangal bird sanctuary
Image Credit:
Wikimedia Commons
Image Credit:
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