Vedanta’s case for the reopening of its Sterlite copper smelter facility in Tamil Nadu was rejected by the Supreme Court on Thursday(29th Feb).
A bench of Justices JB Pardiwala and Manoj Misra, together with Chief Justice of India (CJI) DY Chandrachud, held,
“The Court is conscious of the nature of contribution of the company to the area. However, the Court has to be mindful of the principle of sustainable development and health and welfare of the residents of the area.”
The Court observed that Vedanta had neglected to get authorization for the disposal of hazardous waste in addition to failing to remove copper slabs from about eleven locations, including private property.
The Tamil Nadu Pollution Control Board (PCB) closed the factory in 2018 due to legal infractions against the environment.
Citizens opposed to the plant’s development turned it into a protest location, and the closure order was approved right away. The State government endorsed the order. When police opened fire on the demonstrators on the 100th day of the demonstration, multiple civilian casualties were caused.
The National Green Tribunal heard an appeal by Vedanta to the closure order and found in the company’s favor, allowing the factory to reopen.
The Supreme Court invalidated the NGT ruling in February 2019 on the grounds that the Tribunal lacked authority to consider the issue. Vedanta was permitted, nonetheless, to file a case in the Madras High Court challenging the rulings made against it.
The petition was then denied by the High Court, which led to the current appeal before the Supreme Court.
In February, the Supreme Court emphasized that it cannot disregard the concerns raised by those who are against the plant’s reopening.
It had previously said that it may form an expert committee to examine the facility and determine if it might be reopened under strict guidelines.
There are only three or four copper smelters in the nation, therefore the Supreme Court reasoned that “a way forward” must be found to prevent the loss of the “asset.”
Court case: Vedanta Limited v. Tamil Nadu State & Ors.
The Tamil Nadu Pollution Control Board was represented by Senior Advocate CS Vaidyanathan.
Together with counsel Purnima Krishna, senior advocate Gopal Sankaranarayanan represented the State of Tamil Nadu.
Shyam Divan, a senior advocate, represented Vedanta.