Supreme Court dismisses Vedanta plea to re-open Sterlite copper smelter plant in Thoothukudi

The Supreme Court on Thursday dismissed the plea filed by Vedanta seeking re-opening of its Sterlite copper smelter plant in Tamil Nadu. [Vedanta Limited v. State of Tamil Nadu & Ors].A Bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra held,"We are conscious of the fact that the unit, as this Court observed in its decision in 2013, has been contributing to the productive assets of the nation and providing employment and revenue in the area ... While the industry has played a role in economic growth, the health and welfare of the residents of the area is a matter of utmost concern. In the ultimate analysis, the State Government is responsible for preserving and protecting their concerns." .The Court noted that Vedanta had failed to remove copper slabs at almost 11 sites including private land, and failed to obtain authorisation for disposal of hazardous waste..There cannot be political bickering, we are in a national crisis: Supreme Court allows reopening of Vedanta plant to produce oxygen.The plant was shut down by the Tamil Nadu Pollution Control Board (PCB) in 2018 citing violations of environmental laws.The closure order was passed immediately after the plant had turned into a protest site, with citizens opposing the expansion of the plant. The order was supported by the State government. The protest took a violent turn on its 100th day when police opened fire on the protesters, leading to several civilian casualties. Vedanta subsequently challenged the closure order before the National Green Tribunal, which ruled in the company’s favour and allowed the re-opening of the plant.In February 2019, the Supreme Court set aside the NGT order on the ground that the Tribunal did not have the jurisdiction to entertain the case. However, Vedanta was allowed to move the Madras High Court against the orders passed against it.The High Court then rejected the plea, prompting the present appeal before the Supreme Court.The apex court in the instant judgment refused to expunge the High Court's adverse remarks against the State PCB..The Supreme Court had in February stressed that it cannot ignore the concerns of the people who are opposed to re-opening of the plant. Earlier, it said that it may constitute a committee of experts to inspect the plant to see whether it can be re-opened with stringent conditions in place.The apex court had reasoned that “a way forward” must be found so that the “asset” is not lost by the country, which has only three-four copper smelters ..Senior Advocate CS Vaidyanathan appeared for the Tamil Nadu Pollution Control Board. Senior Advocate Gopal Sankaranarayanan represented the State of Tamil Nadu along with advocate Purnima Krishna. Senior Advocate Shyam Divan appeared for Vedanta..[Read judgment]