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Supreme Court allows Vedanta to refurbish Thoothukudi Sterlite plant with environmental safeguards

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Large Corporate 22 Feb 2024 10:30 AM IST The Hindu BusinessLine

The Supreme Court has granted permission to Vedanta Ltd to refurbish its Thoothukudi copper smelting plant, which was closed six years ago due to environmental pollution concerns. However, the refurbishment is subject to strict adherence to expert advice on environmental safeguards and an upfront deposit into an escrow account. 

Chief Justice of India DY Chandrachud, leading a three-judge bench, addressed senior advocate Shyam Divan, representing Vedanta, stating that the refurbishment could proceed with the condition of an upfront deposit as a commitment to comply with environmental safeguards. The Court emphasised its responsibility to safeguard the welfare of the local community in Thoothukudi, emphasising their voiceless status. 

Divan proposed the formation of an expert committee comprising representatives from various bodies, including the Environment Ministry, NEERI, the Central Pollution Control Board, IIT, Vedanta, and independent members, chaired by a retired apex court judge. This committee would recommend conditions for reopening the plant, including additional environmental safeguards, within a month.

However, the Tamil Nadu Pollution Control Board (TNPCB) countered, citing extensive pollution as the reason for the plant's closure. Senior advocates C.S. Vaidyanathan and MF Philip, representing TNPCB, highlighted concerns over the adverse impact of the plant on the local population.

Chief Justice Chandrachud intervened, acknowledging that copper smelters are not prohibited under India's industrial policy. Vaidyanathan emphasised the plant's operations based on interim court orders, accusing Vedanta of misleading claims during the pandemic regarding oxygen production capacity. 

Vedanta's attempts to resume partial operations were met with scepticism as the company failed to deliver on promised oxygen production levels. Vaidyanathan stressed Vedanta's duty to ensure no harm results from hazardous activities, emphasising the non-negotiable obligation to the community. 

The Thoothukudi copper smelting plant was shut down permanently by the Tamil Nadu government in 2018 after nearly three decades of local protests, including a tragic incident of police firing. The Supreme Court's decision marks a significant development in the ongoing legal battle surrounding the plant's operations and its environmental impact.