Supreme Court proposes expert committee to examine whether Sterlite Thoothukudi plant can be reopened

The Supreme Court on Wednesday said it may constitute a committee of experts to inspect Vedanta’s Sterlite Copper plant at Thoothukudi to see whether it can be reopened with stringent conditions in place nearly six years after its closure [Vedanta Limited v. The State of Tamil Nadu & Ors]..The bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala and Justice Manoj Mishra reasoned that “a way forward” must be found so that the “asset” is not lost by the country.The Court further said that there are only three-four copper smelters in the country and that fact cannot be overlooked.“State is a guardian for its residents. Equally we can't overlook the national interest,” CJI Chandrachud remarked during the hearing of the petition challenging Madras High Court’s decision against the reopening of the plant..Vedanta’s Sterlite copper plant at Thoothukudi was shut down by the State 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 hundredth 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.In February 2019, the Supreme Court, set aside the NGT order on the ground that the NGT 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..During the hearing today, the Court also spoke about imposing terms and conditions on Vedanta for reopening of the plant. “We will put you [Vedanta] on terms that if the committee comes to the conclusion that the consent to operate should be given only subject to your doing additional things which may involve an investment by you of ₹100 crores, that is not our concern,” it remarked. .The committee can have representatives of the National Environmental Engineering Research Institute (NEERI), of an Indian Institute of Technology (IIT) with a strong environmental department, Tamil Nadu Pollution Control Board, the Central Pollution Control Board; and three nationally-renowned experts on environmental science as its members, the Court said.On what would be the mandate of the committee, CJI Chandrachud said that it could look into whether an industry like copper smelter can be situated in such an area where the plant is currently located and if so, what conditions can it be subjected to before being allowed to operate.The Court also said the Committee would be asked to compute compensation in respect of any past violations so that the Court can pass suitable orders.“The country should not lose this asset [but] at the same time they should put on terms which take into account your [State] concerns. We will see if they don’t comply with conditions… then too bad for them,” CJI Chandrachud said..Senior Advocate Shyam Divan, who represents the Vedanta, submitted that he was mostly in agreement with the suggestion for setting up of the committee.On the contrary, Senior Advocates CS Vaidyanathan and Gopal Sankaranarayanan, who represent the State of Tamil Nadu and the State Pollution Control Board, opposed it and said they may be heard first. “The State feels strongly about it [plant issue],” Sankaranarayanan said.However, the Court impressed upon them to explore modalities that serve the public interest. “As far as your concerns are concerned, rest assured we will take those concerns far more seriously than we will take their concerns,” the CJI remarked.During the hearing, the CJI also took objection to the Tamil Nadu Pollution Control Board’s submission that the case was not limited to the five grounds taken in the show cause notice earlier sent to Vedanta.The Court remarked that the PCB can’t issue a show cause notice on five grounds and later justify it by taking recourse to twenty grounds. “We are not a banana republic. We are a republic governed by law. They may be violators; fairness you have to follow,” the CJI said..The Court will continue hearing the matter on Thursday.