Supreme Court Asks Vedanta How Could It Operate Tuticorin Copper Plant Despite Expiry Of Its Hazardous Waste Authorisation

This week, the Supreme Court continued hearing Indian multinational mining company Vedanta's plea for reopening of its Sterlite copper plant in Tamil Nadu's Thoothukudi.On Wednesday and Thursday, a bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra heard a special leave petition filed by Vedanta Limited against an August 2020 Madras High Court ruling dismissing a batch of pleas by the company against the closure of its copper plant in Tuticorin and other consequential orders passed by the Tamil Nadu Pollution Control Board (TNPCB).On the last occasion, the apex court mulled over the idea of forming this expert committee, emphasising the need for an objective evaluation that considers both the investment interests of Vedanta and the welfare of the public in the region. Outlining the potential benefits of such a committee, the court urged counsel representing the State of Tamil Nadu, Senior Advocates Gopal Sankaranarayanan and CS Vaidyanathan, to collaborate on a comprehensive modality that best serves public interest.During the latest sessions, the court reiterated its suggestion. At the outset, the bench categorically affirmed its obligation to protect the health and welfare of the local community in the region which has witnessed sporadic protests since 1999 against Vedanta's factory over allegations of soil, water, and air contamination, as well as a violent confrontation in May 2018 between the police and protesters that claimed 13 lives.At the same time, a 'way forward', Chief Justice Chandrachud suggested, could be an independent verification on the conditions to be imposed now on the mining company to ensure compliance with environmental norms and additional safeguards. To Senior Advocate Shyam Divan appearing for Vedanta Limited, the chief justice said –“We cannot give you permission today to refurbish, but if you can provide an estimate of the costs…We can impose some condition on you of putting money upfront, say in the form of an escrow, as a bona fide demonstration that you will comply with all the environmental conditions which may be prescribed by an expert committee of which Tamil Nadu Pollution Control Board will obviously be a part.”Agreeing with this suggestion, Divan said that this committee could constitute representatives from the environment ministry, NEERI, the Central Pollution Control Board, the Indian Institute of Technology, TNPCB, Vedanta, along with three independent experts. The senior counsel added –“To streamline the process, it may be worthwhile appointing a retired Supreme Court judge as the chairperson. This will make it much easier to work this out. The committee could submit its report within a month recommending conditions for the resumption of operations at the copper smelter, including additional safeguards if required. Pending receipt of the report, Vedanta may be permitted to carry out refurbishment, repair, and maintenance of the unit at its own risk and costs.”The State of Tamil Nadu, however, questioned the necessity for appointing an expert committee when detailed findings had already been rendered by the Madras High Court in an 800-page-long judgment. On the State's behalf, Vaidyanathan emphatically argued that the facility had been closed due to extensive pollution in the surrounding area. Despite recommendations from several committees urging the company to take corrective actions, these measures were not implemented, he alleged.The hearing will continue on Thursday afternoon, with Sankaranarayanan and other counsel appearing for the respondents set to make their oral submissions. The petitioner-company will also be supplying their arguments in rejoinder.What has been argued so far?I. Copper slag dumpingThis week, Senior Advocate Shyam Divan, challenged the Tamil Nadu government's decision to reject the renewal of Consent to Operate (CTO) for the copper plant, arguing that the state's action was not only incorrect but also disproportionate.The state government had cited several grounds for the plant's closure in May 2018, including issues related to groundwater reports, hazardous waste disposal licenses and practices, and ambient air quality reports. One of the reasons for the CTO's non-renewal is Vedanta's purported violation of one of the conditions set out in the previous renewal order by allegedly failing to remove the copper slag dumped or stored along the Uppar river and on patta land. Not only this, the Tamil Nadu State Pollution Control Board also found that the mining company had not erected any physical barrier between the river and the slag landfill area to prevent leaching. Refuting these allegations, Divan argued –“Copper-slag is non-hazardous. Besides, but it is also a sought-after material for landfilling and levelling as well as for road constructions, cement and concrete manufacturing, etc. Also, the location of the patta land was at a distance of 10-11 kms from the plant. The conditions set out in the ...

Supreme Court Asks Vedanta How Could It Operate Tuticorin Copper Plant Despite Expiry Of Its Hazardous Waste Authorisation

Awstika Das

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