'Anti Nationals' Protesting Against Vedanta, Says Salve; Vedanta A 'Rogue Company', Says Gonsalves [Court Room Exchange]

The Supreme Court on Tuesday permitted Vedanta to operate its Oxygen production unit on standalone basis at Copper plant in Tuticorin, which had been closed for 3 years. The permission has been granted in view of acute Oxygen shortage being faced by many states in the country, amid the second-wave of Covid-19.At the outset, Senior Advocate CS Vaidyanathan, appearing for the state of Tamil Nadu, drew the attention of the bench to a memo filed by the state government this morning.The memo, Mr Vaidyanathan indicated, refers to an April 23 meeting convened by the Tuticorin collector with all the stakeholders pursuant to the observations of the top court for the reopening of the oxygen plant. "The public sentiment was against the opening of the plant. However, taking into account the extraordinary situation which prevails in the nation today and the observations of this court, the issue was deliberated at the government level. All major political parties were consulted on this issue. A decision was arrived at that the oxygen plant alone may be allowed to be operated in national interest, that any action which can be taken to save life must be considered. The state was agreeable that the oxygen plant alone may be operated for a period of four months as a temporary arrangement", he quoted from the memo."The oxygen plant, as a standalone unit, can function temporarily, starting in one week.The state needs to ensure that sufficient safeguards are in place. The thermal power plant and the copper smelting plant will not be functional. Vedanta shall not run its own power plant and it is TANGEDCO (the state electricity distributor) which shall supply them the electricity", he continued reading.Mr. Vaidyanathan also pointed out that the state government has constituted a monitoring committee to oversee the functioning of the plant, which is to comprise three local community leaders, NGO members or activists, in addition to the government officials. "The operational manpower and the expertise will, of course, be provided by Vedanta. They shall also bear all the costs of running the plant", advanced the senior counsel."The media is full of reports saying that 1050 MT is their capacity (of production of liquid oxygen for medical use). But so far as we are concerned, 35 MT is all they can do. This is a one-time extraordinary measure. They will, of course, clear all their outstanding dues before commencing operation", continued Mr Vaidyanathan.Submitting that the present consumption of oxygen in the state of Tamil Nadu being 325 MT, he urged that priority shall be given to Tamil Nadu insofar as the oxygen manufactured by Vedanta is concerned. He assured that any surplus will be made available for utilisation by the other states. "The court may pass a direction in this behalf. And this is an interim arrangement which may be reviewed in August, when Your Lordships have the final hearing (of Vedanta's appeal against the Madras High Court's refusal to reopen its copper plant)", he saidAt this, Justice Chandrachud observed, "You say that the monitoring committee will comprise the District Collector and the Sub Collector of Tuticorin and the Director of the Tamil Nadu Pollution Control Board. This is fair enough. It will inspire public confidence. But the running of the plant must be by Vedanta. Let them have the responsibility. Let them be accountable to the court. This monitoring committee can function as an oversight committee""Also, we must appreciate that this is a national crisis and each state can't view itself in a separate silo. Please don't stop the supplies which have been given to the other states. You say your requirement is 325 MT? If it increases in the future, modulation can be made. But we would expect the Tamil Nadu government to supply the excess surplus elsewhere", continued the judge.Justice Ravindra Bhat pointed out that there is an order of the Madras government also on this aspect of diversion. The judge also pointed to the central governments orders on the issue of allocation.Mr Vaidyanathan reiterated that while the surplus oxygen manufactured can be diverted towards interstate allocation, the priority must be given to the state of Tamil Nadu."As of now, you have said that your requirements are being duly met. You may come back to us as and when they increase and your needs can be taken care of. But please ensure that the plant starts", said Justice Chandrachud.At this moment, SG Tushar Mehta appeared on the screen to make his submissions – "My request is very simple. We are not concerned, we are not interested in the dispute between Vedanta and the state government. When there is a facility available, why but must it go utilised? That is all I am concerned with"Justice L Nageswara Rao informed Mr Mehta that the state government has filed an affidavit before the court, communicating that Vedanta has been allowed to operate its oxygen plant."Only medical oxygen is to be manufactured by Vedanta and it will...

'Anti Nationals' Protesting Against Vedanta, Says Salve; Vedanta A 'Rogue Company', Says Gonsalves [Court Room Exchange]

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