Reopening of Sterlite Copper unit: SC notice to Tamil Nadu govt on Vedanta plea

The state government had told the HC the deaths in police firing were not the only reason why the plant was shut down.

The Supreme Court on Monday issued a notice to the Tamil Nadu government on an appeal by mining firm Vedanta seeking to reopen its Sterlite Copper plant at Thoothukudi (Tuticorin) in the state. The plant was sealed by the TN government on May 28, 2018, over environmental concerns. Thirteen people were killed when police opened fire during a protest against environmental pollution allegedly caused by the plant.

The Madras High Court had on August 18 upheld the TN government’s May 2018 decision to close down Sterlite Copper over allegations of environmental pollution in the district. The state government order had refused reopening and production and had also disconnected electricity and ordered sealing of the premises.

A Bench led by Justice RF Nariman, while refusing to stay the HC order, sought response from the state government on Vedanta’s appeal and posted the matter for further hearing after four weeks.

Seeking immediate relief to reopen the factory, senior advocate CA Sundaram, appearing for Vedanta, argued that the factory was in a “terrible shape” and the HC’s decision to keep the plant closed was a “retrograde step”. He also said “the factory is in dire straits” and the top court should protect the company from any “coercive steps” from the state government.

The senior counsel said there was no notice or complaint of pollution prior to the closure of the plant. While the HC, in its more than 800-page judgment, had agreed that Vedanta was a highly polluting industry, the company had denied any accusations, claiming that hazardous wastes identified by the state pollution control board had already been delisted.

The state government had told the HC the deaths in police firing were not the only reason why the plant was shut down. It said the Sterlite plant was a big threat to environment and ecology and pollutants released by Sterlite were much higher than other companies in the area.

The HC order also said the plant suffered from “zonal disqualification as there was no material to indicate that there was a special industrial and hazardous use zone in the area”, in accordance with the master plan of Thoothukudi. Hence, the location of the plant itself was erroneous, it held.

In April last year, while dismissing Vedanta’s plea for reopening of the copper smelting plant for maintenance, the SC had granted the liberty to the company to approach the HC. The top court had on February 18 last year set aside a National Green Tribunal order of December 15, 2018, which had allowed the firm to reopen the plant. It had said the NGT did not have jurisdiction to entertain the appeal against the Tamil Nadu government’s decision.