Madras HC refuses to reopen Sterlite Copper plant in Tuticorin; dismisses Vedanta's plea

In a big blow to Sterlite Copper, the Madras High Court on Tuesday refused to reopen the smelter unit in Thootukudi in Tamil Nadu. The High Court was pronouncing the verdict on a petition moved by mining major Vedanta Limited challenging the closure of its copper smelter unit in Thootukudi in May 2018. The Judgment was pronounced by a Bench of Justices Sivagnanam and Bhuvani Subbaroyan and the judges said that the verdict would be out by March had the pandemic not been there. The division bench had reserved the order on January 8 after hearing of arguments for 39 days.

Vedanta had approached the high court 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.

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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 center 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. 

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

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