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The Madras High Court on Friday admitted a petition filed by the Vedanta Group for reopening the Sterlite copper smelter facility in Thoothukudi, but declined to grant an interim order to the company to gain access to the plant for carrying out maintenance work.
The petition was filed on February 27 following the Supreme Court’s suggestion to approach the Madas High Court against the closure order of the plant by the State.
The Bench, comprising Justices M Sathyanarayanan and Nirmal Kumar, issued notices to the Tamil Nadu government and Tamil Nadu Pollution Control Board (TNPCB), and posted the matter to March 27. The Court also permitted local residents to file impleading petitions to oppose the plea.
Vedanta, in its petition, challenged the May 23, 2018 orders of the TNPCB declining to provide renewal of consent to operate the plant and also on the permanent closure. The company claimed that the orders were illegal, unconstitutional and ultra vires .
The State government ordered the plant’s permanent closure following anti-Sterlite protests that turned violent, leading to the death of 13 people in a police firing on May 22. The protest was against alleged environmental pollution caused by the plant.
Hearing a petition filed by the company, the National Green Tribunal (NGT) on December 15 allowed Sterlite to reopen the plant. However, the Supreme Court on February 18 set aside the NGT order on the grounds of maintainability, saying the NGT has no jurisdiction to order the re-opening of the plant, and suggested that Vedanta approach the Madras High Court against the closure order.
Severe impact
In its petition with the Madras High Court, Vedanta said that due to the closure of the plant, the company is losing ₹5 crore every day. The closure has also affected ancillary industries facing a shortage of copper, it added.
Sterlite has already suffered a leakage from its sulphuric acid tank. There are many other such tanks apart from other materials that could turn hazardous, if not properly maintained. Lack of proper and essential care and maintenance and preservation would eventually lead to corrosion and damage beyond repair, leading to total structure collapse and complete failure of certain sections of its plant and assets, the company said in the petition.
Maintenance work
Irrespective of the outcome of the present appeal, the company should be be permitted to take care of the plant and assets and maintain them to use them in the likelihood of operation in future, the petition added.
Counsel for Vedanta told the court today that the company did not want to run the Sterlite copper plant for the present but asked that it be allowed to undertake maintenance work.
Vedanta was represented by senior counsels Aryama Sundaram, PS Raman and ARL Sundaresan, the State government by Advocate General Vijay Narayan, and the TNPCB by CS Vaidyanathan.
Senior counsels also represented the people of Thoothukudi and some of the political parties opposing the plant’s reopening.
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