Vedanta's Sterlite Copper Smelting Unit To Remain Shut, SC Upholds Madras HC Order

The Supreme Court on Thursday dismissed Vedanta's petition challenging the Madras High Court's order directing the closure of the Sterlite Copper Smelting unit at Tuticorin Tamil Nadu.

The court found that repeated violations by Vedanta justified the closure of the unit.

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The Supreme Court on Thursday dismissed Vedanta's petition challenging the Madras High Court's order directing the closure of the Sterlite Copper Smelting unit at Tuticorin in Tamil Nadu. The court found that repeated violations by Vedanta justified the closure of the unit.

The bench led by CJI DY Chandrachud said that the health and welfare of the residents of the area is a matter of utmost concern. And the State Government is responsible for preserving and protecting their concerns.

The top court also dismissed the appeals filed by the Tamil Nadu Pollution Control Board (TNPCB) challenging the observations made by the High Court against it regarding its inaction.

 "We are of the view that the High Court was justified in making those observations in regard to the lack of alacrity on the part of the TNPCB in discharging its duties," the court said.

While upholding the Madras High Court order the court said that it was aware of the fact that the closure of industry undoubtedly is not a matter of first choice. But, statutory authority and high court could not be oblivious to "repeated nature of breaches, coupled with the severity of the violations" in Vedanta's case.

The court while dictating order said that it is conscious of the fact that the unit has been contributing to the productive assets of the nation and providing employment and revenue in the area. However, it said that the court has to be mindful of principles of sustainable development, polluter pays principles and public trust doctrine.

The court heard the matter for several days and said that after careful evaluation of the factual and legal material it has arrived at the said verdict. 

Earlier, while hearing the counsels from both sides, the top court had proposed setting up of an expert committee to mediate on the issue and for an objective evaluation that considers both the investment by Vedanta and the welfare of the public.

However, the counsels appearing for Tamil Nadu, CS Vaidyanathan and Gopal Sankaranarayanan argued that what was the need for an expert committee when the high court had elaborated in a 800-page long judgmnet the facts behind its order to shut down Vedanta's plant.