Supreme Court rejects Interim Plea to re-open Sterlite Plant

Supreme Court rejects Interim Plea to re-open Sterlite Plant

The Supreme Court on 22nd January, 2021 rejected to entertain the plea filed by Vedanta Ltd. seeking an early hearing on its appeal filed against the Madras High Court order, which declined to reopen its Sterlite Copper smelting plant at Thoothukudi, Tamil Nadu till the pendency of the appeal.

The bench headed by Justice Rohinton Nariman on 2nd December, 2020 had refused to grant interim relief to Vedanta Ltd., rejecting the mining giant's plea for an immediate reopening of its Sterlite copper plant at Thoothukudi for an experimental run for two, four or six weeks.

The company had moved the top Court following the Madras High Court verdict in August that dismissed Vedanta's writ petition to reopen its copper smelter as it upheld the orders of Tamil Nadu Pollution Control Board (TNPCB) which directed the closure of the plant in May 2018. The bench had listed the appeal against the Madras High Court decision for hearing in January 2021.

However, the bench headed by Justice Nariman refused to take up the matter for an early hearing.

Earlier in December, 2020, Senior Advocate Abhishek Manu Singhvi appearing on behalf of the petitioner, submitted that the plant, during the time it was operational directly employed four thousand people and indirectly actively contributed in employment of twenty thousand people apart from the two lakh others based in the downstream industry, who are now adversely affected due to the closure of a plan for thirty months.

"The plant accounted for 36 per cent of the country's copper need. Its closure has made us a net importer of copper. This huge national wastage can be curbed by allowing the plan to run on an experimental basis", Singhvi stated.

The Tami Nadu government opposed to these submissions and submitted before the Apex Court that the plant has been polluting consistently. Though, Singhvi vehemently contended that the Court should allow the company to run the plant, which would help in ascertain whether the plant is polluting beyond the acceptable limit.

Per contra, Senior advocate Colin Gonsalves, appearing on behalf of some villagers in the vicinity of the plant, submitted that the unit should not be allowed to operate, as it is contaminating the water and people are said to be suffering from deadly diseases like cancer.

Gonsalves persistently urged, "The wealth of the country is being destroyed! Drinking water is being contaminated! People are suffering from cancer and other serious diseases! The health status of hundreds of villagers has been brought on record as to how they have suffered on account of this plant! The plant is a chronic defaulter! They have no regard for the law! When it rains, the slag seeps into the river, thousands of people have been affected by the slag! It is a red industry plant; it can never be allowed to operate in a residential zone even if they tinker around with it to make some changes!"

The bench after hearing both the parties contentions said, "Having heard Abhishek Manu Singhvi, C.S. Vaidyanathan, K.V. Viswanathan and Colin Gonsalves, all senior advocates, for some time, we are of the view that the relief(s) in this Interim Application cannot be granted. Accordingly, this Interim Application is dismissed."

However, the Court said the main matter, the appeal against the High Court order, can come up for hearing after physical hearing resumes in the Supreme Court.