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Updated January 9th, 2020 at 13:12 IST

HC reserves order of Vedanta plea challenging closure of Sterlite plant in Tuticorin

In a major development, the Madras HC has reserved orders on a petition moved by mining major Vedanta Limited challenging the closure of its copper smelter

Reported by: Navashree Nandini
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In a major development, the Madras High Court on Thursday has reserved orders on a petition moved by mining major Vedanta Limited challenging the closure of its copper smelter unit in Thootukudi in Tamil Nadu in May 2018.

Concluding the hearing of arguments after 39 days, a special bench of Justices TS Sivagnanam and V Bhavani Subbaroyan said that it would try to deliver the order as expeditiously as possible. Vedanta had approached the high court on in February last year seeking to reopen the Sterlite plant which was closed following a May 23, 2018 order issued by the Tamil Nadu Pollution Control Board (TNPCB). Vedanta had moved the plea as suggested by the Supreme Court.

READ: Supreme Court refuses reopening of Sterlite plant, grants Vedanta liberty to approach High Court

SC rejected the opening of Vedanta plant

The top court had on February 18, 2019, set aside the National Green Tribunal order that allowed the opening of the Sterlite Plant, which was at the centre of massive protests over pollution concerns. It, however, gave the liberty to the company to approach the high court against the closure orders of the Tamil Nadu government and its state pollution control board. An interim relief sought by Vedanta to permit access to the 200-acre factory premises to carry out maintenance work was rejected by the high court. It was based on the assurance provided by the state that it would take responsibility of the premises, the court had said.

READ: Relief to Vedanta as NGT sets aside Tamil Nadu government order to close its Sterlite plant

Vedanta's argument

Vedanta's senior counsels Aryama Sundaram and PS Raman had argued, that the closure order was nothing but 'naked discrimination' against the company.  It had also alleged the hand of a Chinese company behind its closure and claimed the company which has a financial interest in copper manufacturing was funding the protesters to agitate against Sterlite which is one of the biggest copper manufacturers with state-of-the-art technology.

Citing TNPCB pollution statistics, Vedanta claimed that a person living inside Sterlite is safer than a person living in Anna Nagar locality in Chennai. Opposing the submissions, impleading petitioners in the plea Professor Fathima and Makkal Adhigaram told the court that the environment in Thoothukudi had actually improved after the closure of the plant. 

READ: Four killed in anti-Sterlite protest in Tuticorin. Kamal Haasan's party blames governments' negligence

Tuticorin protest

On May 22, 2018, an anti-Sterlite protest turned violent with the agitators fighting pitched battles with the police, after which the latter open fired on the protesters. Thirteen people were killed in the firing. The protesters were demanding the closure of Vedanta's Sterlite Copper unit in Tuticorin over pollution concerns. The incident had triggered widespread outrage and criticism against the Tamil Nadu government even as the ruling AIADMK later announced a "permanent" closure of the copper smelter plant.

The district has witnessed several protests by locals and others against the Sterlite Copper plant and its proposed expansion with protestors alleging that the plant is polluting groundwater. Sterlite Copper is the copper unit of Vedanta Limited which operates a 400,000-tonnes-per-annum-plant in Tuticorin. 

The state government and TNPCB represented by the Advocate General Vijay Narayan and senior counsel CS Vaidyanathan opposed the plea for reopening of the plant, terming Sterlite as a 'chronic' defaulter. "Unrestrained pollution appears to be standard modus operandi of the company, as it has been found guilty of various violations globally," they had contended.

READ: Tamil Nadu government mulls challenging NGT order on Sterlite plant in Supreme Court

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Published January 9th, 2020 at 13:12 IST

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