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    SC rejects Vedanta's interim plea to inspect, operate closed Sterlite copper unit at Tuticorin

    Synopsis

    The state government had in May 2018 sealed the country’s largest copper smelter plant after protests from locals, alleging widespread air and water pollution in the area.

    Setback for Vedanta: SC refuses immediate reopening of Sterlite plant at Thoothukudi
    New Delhi: The Supreme Court on Wednesday refused to allow a Sterlite Copper plant in Thoothukudi, Tamil Nadu, to open on an experimental basis for a short time to give the company an opportunity to dispel the charges of pollution levelled against the plant.

    A three-judge bench led by Justice R F Nariman dismissed the plea after hearing short arguments from Vedanta, which owns Sterlite Industries, as well as the Tamil Nadu government and people living in the area that strongly opposed the suggestion.

    The state government had in May 2018 sealed the country’s largest copper smelter plant after protests from locals, alleging widespread air and water pollution in the area.

    The company had urged the top court to allow it to open the plant for two to three months on an experimental basis to refute the allegation.

    Representing the company, senior advocate Abhishekh Manu Singhvi argued that the plant had remained shut for over two years now over issues that could be remedied. He claimed that most of the issues of concern at the plant had been addressed. He said the plant used to produce 36% of India’s copper, and that the country has become an importer of copper ever since the plant had ceased operations. It had more than 24,000 employees and some 200,000 people depended on it, Singhvi said.

    He argued that the state’s closure order was mala fide and did not follow the principles of natural justice. The district collector had certified pollution levels were all within permissible limits, he claimed. “What is the harm in allowing us to run? Running two to three months is the best solution.”

    Singhvi suggested that the company was under the watchful eyes of the top court and would abide by all directions.

    The Tamil Nadu government, through senior advocates C S Vaidyanathan and K V Vishwanathan, resisted the plea. “This is an ingenious way to have the appeal allowed,” Vaidyanathan charged, and urged the court to examine the issue at length before allowing the plant to reopen.

    Vishwanathan pointed out that the plea to allow reopening of the plant as an interim relief had been rejected eight times. He also accused the company of dumping slag from the plant in 14 different sites — a charge the company denied. “We are still removing slag. Water quality has not improved,” Vishwanathan said.

    Senior advocate Colin Gonsalves, appearing for those who lived in and around the plant, backed the state in opposing reopening of the plant even on a trial basis.

    Singhvi said these claims of polluting air and water would be disproved in four weeks if the plant is allowed to reopen, but the top court refused to allow this. Instead, the bench said it would hear all issues involved in the case when physical hearings resume in court.


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    ( Originally published on Dec 02, 2020 )
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