Setback for Sterlite: SC dismisses plea to reopen Thoothukudi plant

Health and welfare of residents of area of "utmost concern", and TN govt responsible for preserving and protecting their interests, says Chandrachud-led bench

Update: 2024-02-29 11:45 GMT
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The Supreme Court on Thursday (February 29) dismissed a plea by the Vedanta Group against the closure of Sterlite Copper Plant in Tamil Nadu's Thoothukudi.

The copper smelting plant has been closed since May 2018 after 13 people were killed as police opened fire to quell a protest over alleged pollution caused by it.

A bench headed by Chief Justice DY Chandrachud said the health and welfare of residents of the area is a matter of "utmost concern" and the state government is responsible for preserving and protecting their concerns.

"… we have come to the conclusion that the Special Leave Petition (SLP) by the industrial unit shall not warrant interference under Article 136 of the Constitution. For the above reasons, the SLP shall stands dismissed," said the bench, also comprising justices JB Pardiwala and Manoj Misra.

The Madras High Court had in August 2020 rejected Vedanta's plea for allowing reopening of its Sterlite Copper unit.

What the court said

The Supreme Court heard the case for more than five days before giving its ruling. According to a report in MoneyControl, the court said the company had not fully complied with law. It highlighted that Vedanta failed to remove copper slab at almost 11 sites including private land, failed to abide by conditions in consent to operate in case of gypsum, and failed to obtain authorisation for disposal of hazardous waste.

In earlier hearings, the apex court had mooted that Vedanta set up an expert panel to evaluate a reopening of the plant. Vedanta agreed to it, but the DMK government in Tamil Nadu and the Tamil Nadu Pollution Control Board (TNPCB) were not aggregable to it.
While in operation, the Sterlite copper plant was producing over 400,000 tonnes of metal ores a year, accounting for around 40 per cent of India's copper output. This led to criticism that the closure was impacting the economy as well as jeopardising thousands of jobs.
However, neither the Madras High Court nor the Supreme Court allowed a reopening. Vedanta has also made a plea for periodic access to the plant to carry out essential maintenance work. Last April, the Supreme Court permitted this.
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