Thiruvananthapuram, Thursday 24 February 2011: Assembly on Thursday enacted a legislation to set up a special tribunal to realise compensation from soft drink giant Coca Cola for the “losses” its plant at Plachimada in Palakkad district caused to the people in rural the area.

The Left front government rushed through the bill on the final day of the current assembly while the house was in uproar with the Congress-led UDF opposition pressing for an adjournment over a different issue.

The legislation was brought in based on the recommendations of a government-appointed high power committee which found that a huge loss to the tune of Rs 216.16 crore had been caused by the plant of the Hindustan Coca Cola Beverages Pvt Ltd at Plachimada.

The panel suggested creation of an exclusive tribunal to make the company pay on the basis of the “polluter pays” principle. The bill said the plant had caused environmental and soil degradation, water contamination due to over-extraction of ground water leading to drinking water scarcity and decline in agriculture due to disposal of sledge which contained metals like cadmium, led and chromium.

It the disposal of the sludge also affected general health of the people causing them skin ailments, breathing problems and other debilities. The special tribunal was intended to settle all disputes relating to problem caused by the plant within a fixed time limit.

The Plachimada plant has been virtually dysfunctional for the last several years following prolonged agitations by resistance groups including tribals and legal battles against extraction of ground water by the company.

At one point of time, the state Government even banned the production and sale of cola but it was lifted later following a high court order.

The bill, titled as “Plachimada Coca Cola Victims’ Relief and Compensation Claims Special Tribunal-2011,”was returned to the house after the consideration of a Subject Committee which had on it members from both the ruling and opposition sides.

The tribunal will also have powers to consider petitions for compensation or restitution of property damaged, against the company, arising out of grievances due to violation of laws relating to environment, air and water pollution.

It shall have powers to summon any person, call for, documents, receive evidences or affidavits, examination of witnesses and review or dismiss applications.

The Government or any person aggrieved by the decision of the tribunal file appeal against its order in the High Court within 60 days of getting the copy of the order.

The legislation envisaged creation of a 3-member tribunal including a chairperson, an administrative member and an expert member. The Government had been under pressure from various quarters to bring in the legislation before the tenure of the present assembly is over.

(PTI)