In 2023, the Union Ministry of Environment, Forest and Climate Change (MoEFCC) put the environmental clearance (EC) granted to the Sun Pharma Industries Limited's Vedanthangal Unit in abeyance. The EC was granted on 31 March 2022 for increasing its production capacity from 25.5 TPM to 134.082 TPM. Earlier, the move of granting EC had come under criticism from activists and locals as the plant is located inside the Vedanthangal bird sanctuary, in Chengalpattu district, Tamil Nadu. The sanctuary consists of a main lake area spread over 29.51 hectares, and additional surrounding zone of 5 kilometres.
The EC was granted even though 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 kilometres to 3 kilometres. 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 facilitate the expansion of Sun Pharma, as the company would then won't have to seek required National Board for Wildlife (NBWL) clearance 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. In the midst, Sun Pharma was granted the environment clearance for its expansion plans by the Union Environmental Ministry in March 2022. The petitioner in the appeal petition in the NGT challenged the EC granted to the plant without NBWL clearance as it's situated inside the sanctuary limit. Sun Pharma in it's EC application falsely stated that the plant is 3.72 kms away from sanctuary. Soon after the NGT raised concerns over the false information presented by the Sun pharma to gain EC, the MoEFCC has withheld the EC granted till the final verdict.
NGT directed Sun Pharma to pay the interim compensation of Rs 58.2 lakh calculated by the committee for the environmental damages caused by the industry and also directed to pay additional compensation of Rs 10 crore for the pollution exceedance during functioning of the industry without Environmental Clearance. Later, the Rs 10 crore penalty was stayed by the Madras High Court in a case filed by the Sun Pharma challenging the boundary of the Vedanthangal bird sanctuary.
Lesly, Wildlife Range officer, Guindy - Sanctuary division on the Sun Pharma's case against the Bird Sanctuary, told LCW, "We are waiting for the court hearing and that the NBWL clearance can be provided only after the industry submits an application to the NBWL."
Demand/Contention of the Affected Community
Demand to cancel the project
Opposition against environmental degradation
Other Demand/Contention of the Affected Community
Region Classification
Rural
Type of Land
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?
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?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Project stalled due to protests
Original Project Deadline
Whether the Project has been Delayed
Yes
Significance of Land to Land Owners/Users
Whether the project was stalled due to land conflict
Yes
Source/Reference
NGT court Order
Total investment involved (in Crores):
₹
202.36
Type of investment:
Investment Expected
Year of Estimation
2022
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 and Madras High Court
Case Number
Original Application No. 88 of 2020 (SZ) Appeal No. 33 of 2022 (SZ) and Writ Petition No.25807 of 2023
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
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?
Yes
Name, Designation and Comment of the Government Authorities Approached
Tried Reaching the people, couldn't reach them
Corporate Parties Involved in the Conflict:
Sun Pharmaceuticals Industries Ltd
Did LCW Approach Corporate Parties for Comments?
Yes
Communities/Local Organisations in the Conflict:
Chennai Climate Action Group, Meenavar Nala Sangam (Fishers' Welfare Association), Madras Naturalist Society and People surrounding the sanctuary
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?
Hariprasad is a Tamil Nadu-based independent journalist who writes primarily on environmental and developmental issues. He has worked for and contributed to a number of leading publications. He can often be seen playing chess or struggling to learn the keyboard.
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