The Supreme Court, on February 29, dismissed the special leave petition filed by Vedanta to reopen Thoothukudi Sterlite copper plant. The case is a victory for Tamil Nadu. The apex court upholds the Madras High Court judgment of August 2020 confirming the State government and TNPCB decision to permanently shut down plant for causing environmental violations.
The apex court noted that though the Thoothukudi plant was contributing to production and employment, the High Court was right in upholding essential principles of sustainable development, polluter pays principle, public health doctrine.
The health issue of the local populace was of ultimate concern, and the State was the obliged to protect them.
There had been repeated breaches on the part of the plant, including the indiscriminate dumping of copper slag in 11 sites, including private lands adjoining the river. There was failure to obtain authorisation for dumping of hazardous waste on the part of the plant.
The court however agreed with the High Court that the Tamil Nadu Pollution Control Board (TNPCB) had shown a “lack of alacrity in discharging its duties”
