“We have to protect the health of the people and welfare,” SC on plea to reopen Vedanta’s Sterlite Copper plant in Thoothukudi

On Wednesday (February 21, 2024), the Supreme Court (SC) of India expressed concerns regarding the health and welfare of the people while hearing a plea to reopen Vedanta’s Sterlite Copper plant in Thoothukudi, Tamil Nadu. The bench said, “We have to protect the health of the people and welfare…they were voiceless people. They all cannot come here. We cannot be oblivious to the wider concerns of the community…We also do not want to find fault with the High Court entirely because if Vedanta applies for renewal then they can look beyond closure and state of industry today. We cannot take a strict administrative law approach in this.” The remarks were made when the Senior Advocate appearing for Vedanta, Shyam Divan, told the SC that in 2007 the environmental clearance was granted and the same was never challenged. In context to this, a three-judge bench consisting of Chief Justice of India DY Chandrachud, Justice Manoj Misra, and Justice JB Pardiwala said, “We may not be able to direct that you start operating today, but ensure that terms are put to you by an expert panel so that how a red category industry can start, and deposit a certain amount by which you can start by satisfying environmental safeguards.”

During the proceedings, the CJI noted “If we go into this then we will supplant the jurisdiction of an expert. If we take upon ourselves and reject the High Court order and three years later we see that there is a leak then imagine the moral responsibility will be on us.” Further, SA Divan suggested forming an expert committee consisting of the Ministry of Environment, Forest, and Climate Change of India, the Tamil Nadu Pollution Control Board, Vedanta, the National Environmental Engineering Research Institute, and others. He added, “A retired justice of the Supreme Court can head the committee and the committee can submit a report within a month on whether Vedanta can resume the copper smelter plant along with additional environmental safeguards.” The suggestion was opposed by SA CS Vaidyanathan who appeared for Tamil Nadu. He said, “Committee after committee has found evidence of pollution. It is a highly polluting industry. This court has held that economic interests will pave the way for environmental protection interests.” In context to the earlier suggestion of forming an expert committee, the CJI responded “A committee can lay down conditions and if the conditions are not met, they will not operate it.” The SC to continue hearing the matter today, February 22, 2024 (Thursday).