Supreme Court declines interim relief to Vedanta’s Sterlite Plant at Thoothukudi

Vedanta Law Insider

Shweta Tambade

The Supreme Court has dismissed granting interim relief to Vedanta’s Sterlite plant and rejected the plea to reopen its copper plant at Thoothukudi.

A three-judge bench led by Justice Rohinton Fali Nariman will hear the case in January 2021.

In 2018, the Tamil Nadu State Pollution Control Board (TNPCB) closed down Vedanta’s Sterlite copper plant in Thoothukudi, alleging violation of environmental laws.

The plant had transformed into a protest site where citizens opposed the expansion of the plant. The order was encouraged by the state government approving the same.

Later, Vedanta challenged the order of closure before the National Green Tribunal, which ruled in the favor of the company. In 2019, the TNPCB challenged the order by NGT before the Supreme Court.

The Supreme Court stated that the reopening of the plant will carry on to operate during the pendency of the appeal as ordered by the NGT.

In its plea before the Supreme Court, Vedanta had challenged the decision of the Madras High Court which rejected their plea for reopening the copper smelter plant.

In February 2019, the Supreme Court set aside the NGT order, permitting to reopen the Sterlite plant on the basis that NGT did not have the jurisdiction to entertain the case. But, Vedanta was authorized to move the High Court against the orders that were passed against it.

The plea was rejected by the High Court implying the current appeal before the Supreme Court.

Senior Advocate Abhishek Manu Singhvi, representing Vedanta, suggested that the plant employed 4000 people, and indirect employment to 20,000 people.

He claimed, “Trickle down dependants are more than 2 lakh. Supplying 36% of the country’s copper needs. Now India is becoming dependant on Copper imports. Closure of the Sterlite plant has made India a net importer.”

The representative also added that all the necessary approvals and environmental safeguards were in place.

Senior Advocate KV Viswanathan and Additional Advocate General Balaji Srinivasan, representing the Tamil Nadu government, opposed the plea by submitting the report by Pollution Control Board, proving that the plant was a ‘consistent’ polluter.

“Sterlite has dumped slag at 11 places in Thoothukudi. It is as if Thoothukudi is dumped between the slag,” Viswanathan submitted.

Viswanathan added, that since the High Court had upheld the PCB order for closing the plant, the interim arrangement to reopen the plant cannot be allowed at this stage.

The Supreme Court denied to grant any interim relief to Vedanta Sterlite and posted the case for further consideration in January 2021.

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