Vedanta Limited on Wednesday, February 11, approached the Madras High Court challenging an order of the Tamil Nadu Pollution Control Board (TNPCB) refusing permission to reopen its defunct Sterlite Copper unit in Thoothukudi and manufacture what it calls “Green Copper.”
A bench of Chief Justice Manindra Mohan Srivastava and Justice G Arul Murugan directed the Tamil Nadu government to respond to the petition. The court also asked the state to make clear its position on Vedanta’s request to set up a court-monitored multidisciplinary expert committee, including independent experts, to scientifically evaluate its Green Copper proposal, Live Law reported.
While admitting the plea, the bench reportedly remarked that Sterlite’s “background seems to be haunting” the company. Senior advocate Satish Parasaran, appearing for Vedanta, responded, “My Lords, every saint has a past, and every sinner should have a future.” The bench reportedly replied, “So, you are trying to come out of your past, and they are not allowing you to come,” The Times of India reported.
Opposing the plea, Additional Advocate General J Ravindran said, “This is a closed industry. They are trying to pour old wine in a new bottle and call it green copper.” He added that the company should have first obtained “Consent to Establish” before seeking “Consent to Operate,” and alleged that Vedanta bypassed this process.
Vedanta submitted that Green Copper would be produced with a significantly lower carbon footprint compared to conventional smelting processes. The company said it had sent proposals to the Tamil Nadu Chief Secretary, the Chief Minister’s office, and various state and central departments, but received no response.
The company further said it had earlier approached the court over the non-consideration of its proposal and was permitted to apply to competent authorities. After approaching the TNPCB for Consent to Operate, Vedanta said its application was rejected without prior notice or an opportunity to be heard, prompting the present petition.
Vedanta argued that the TNPCB’s order was issued mechanically without application of mind and violated principles of natural justice and fair procedure. It claimed the rejection was not based on scientific or technical assessment but on a predetermined administrative approach, and sought the constitution of an expert committee for evaluation.
Advocate Satish Parasaran argued that the Green Copper proposal was distinct from the earlier smelting operations and that the company should have been given an opportunity to explain the process.
However, the advocate general said that the Thoothukudi region had been declared a “contaminated area” and that the proposal was rejected on environmental safety grounds. He said the State would file a detailed response.
The court directed the State to file its response and adjourned the matter.
Background
Vedanta’s Sterlite Copper plant in Thoothukudi was shut down in 2018 following mass protests over alleged environmental pollution and public health concerns. Local residents and activists had long accused the plant of releasing toxic emissions and contaminating groundwater, leading to health problems in surrounding communities.
On May 22, 2018, protests against the plant turned violent when police opened fire on demonstrators demanding its permanent closure. Thirteen people were killed in the firing, and the incident triggered nationwide outrage, becoming one of Tamil Nadu’s deadliest episodes of police violence in recent years. The killings shook the state and intensified calls for the plant’s shutdown and accountability.
Following the protests, the Tamil Nadu Pollution Control Board ordered the closure of the plant, and the then AIADMK government sealed the facility. In 2018, the Madras High Court upheld the state government’s decision to close the plant. In 2019, the Supreme Court declined to allow the plant to reopen, effectively keeping the shutdown in place.
The DMK, which came to power in 2021, has consistently maintained that the Sterlite plant should not be reopened, citing environmental and public health concerns.