Tamil Nadu: Supreme Court Dismisses Plea To Reopen Vedanta's Thoothukudi Copper Smelting Unit

On 29 February, 2924, the Supreme Court upheld the closure of Vedanta's Sterlite copper smelting plant in Thoothukudi, Tamil Nadu, citing "repeated breaches" and "serious violations." 

Vedanta's petition challenging an August 2020 Madras High Court ruling, which affirmed the closure ordered by the Tamil Nadu Pollution Control Board (TNPCB), was dismissed by the bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra.

The court emphasised principles of sustainable development, the polluters pay principle, and the public trust doctrine. "The closure of industry is undoubtedly not a matter of first choice. However, the repeated nature of breaches, coupled with the severity of the violations, would, in this analysis, allow neither the statutory authorities nor the high court to take any other view unless they were to be oblivious of their plain duty," stated the apex court.

This decision marks a significant development in a long-standing environmental controversy. Local residents had expressed concerns about pollution and health risks associated with the Sterlite plant for years, culminating in violent protests in 2018 that tragically claimed 13 lives.

Following these events, the Tamil Nadu government ordered the plant's closure, a decision subsequently upheld by the Madras High Court.

Despite Vedanta's arguments, the court affirmed the High Court's decision, highlighting multiple findings of facts over which the high court refused to interfere. The Supreme Court also dismissed appeals filed by the TNPCB challenging observations made against it by the Madras High Court regarding its inaction.

"This decision represents a significant development in the ongoing dialogue concerning industrial practices and environmental sustainability in India," the court noted.

Vedanta had argued that the closure was based on insufficient grounds and proposed the formation of an expert committee to assess the situation.

However, the court found these arguments unpersuasive, citing the Madras High Court's comprehensive judgment which detailed the plant's extensive pollution violations.

The Chief Justice pointedly asked, "There are complete violations, Mr. Divan (Vedanta's lawyer). And these are findings of facts by the high court. Why should we interfere?"