Setback For Vedanta As SC Junks Plea Seeking Re-opening Of Sterlite Copper Smelter Plant In TN

setback for vedanta as sc junks plea seeking re-opening of sterlite copper smelter plant in tn

New Delhi: In a major setback to Vedanta, the Supreme Court on Thursday rejected it’s plea seeking re-opening of its Sterlite copper smelter plan in Tamil Nadu’s Tuticorin due to “repeated breaches, serious violations”. A three-judge bench comprising CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra dismissed the special leave petition filed by Vedanta Limited against an August 2020 Madras High Court ruling that dismissed a batch of pleas by the company against the closure of its copper plant in Tuticorin and other consequential orders passed by the Tamil Nadu Pollution Control Board (TNPCB).

The top court acknowledged the nature of contribution of the company to the area. However, the court said, “We have to be mindful of principle of sustainable development and health and welfare of the residents of the area is a matter of utmost concern.”

The apex court gave following three reason for dismissing the plea stating that the Vedanta Limited:. The company 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, failed to obtain authorisation for disposal of hazardous waste.

“Closure of industry undoubtedly not a matter of first choice. However, the repeated nature of breaches, coupled with the severity of the violations would in this analysis neither the statutory authorities nor the HC to take any other view unless they were to be oblivious of their plain duty,” the court said in its judgment.

The SC also dismissed the appeals filed by the Tamil Nadu Pollution Control Board challenging the observations made by the HC against it regarding its inaction. “We are of the view that the HC was justified in making those observation in regard to the lack of alacrity on the part of the TNPCB in discharging its duties,” the order read.

The Tamil Nadu government had in 2018 ordered the closure of Sterlite Copper after violent protests against the plant resulted in 13 deaths due to police firing. The government had cited violation of environmental norms as a reason for the closure.