The Supreme Court on Wednesday, February 14, proposed the constitution of an expert committee to examine whether the Sterlite copper plant of Vedanta can be reopened in Thoothukudi, Tamil Nadu. The SC made this recommendation while hearing a plea by the Tamil Nadu government to permanently shut down the copper plant which according to the TN Pollution Control Board was polluting groundwater in the region. The SC observed that they should be a balance between the private corporate interests and the public interest at large.
The committee may have representatives of the National Environmental Engineering Research Institute (NEERI), Indian Institute of Technology (IIT), Tamil Nadu Pollution Control Board, the Central Pollution Control Board, and three nationally-renowned experts on environmental science as its members, the Court said.
The committee will be mandated to look into whether the copper unit can exist in Thoothukudi, and if so, what conditions can it be subjected to before being allowed to operate.
The bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala and Justice Manoj Mishra reasoned that a way forward must be found so that the asset is not lost by the country.
“State is a guardian for its residents. Equally we can't overlook the national interest,” said CJI Chandrachud, Bar and Bench reported.
Vedanta’s Sterlite copper plant in Thoothukudi was shut down by the State Pollution Control Board (PCB) in 2018 citing violations of environmental laws.
The closure order was passed after massive protests against the operation of the plant by residents from the nearby villages who were affected by the alleged pollution. The protest took a violent turn on its hundredth day when police opened fire on the protesters leading to several civilian deaths, sparking outrage against the then AIADMK government and the BJP-led Union government.
Proposing for a middle ground CJI Chandrachud, according to Livelaw said, “On one hand, the concerns of the State as custodian of the people will also be protected, second, your concern of the investment into the plant..., you should not be a facility that is lost to the nation …some sort of a middle ground can be found and that committee can take a decision in a period of one month or so.”
The CJI said that if the committee comes to a conclusion that the consent to operate would be given only after considering several risks which may involve an investment of Rs 100 crore by the company, the court will not get involved in it.