SC sets aside NGT order; Sterlite plant to remain closed
In a big win for the Tamil Nadu government, the Supreme Court, on Monday, refused to allow the re-opening of Vedanta's Sterlite copper smelter in Thoothukudi. In December last year, the National Green Tribunal (NGT), India's top environmental court, had given the green signal to open the plant, terming the government's shutting down order "unjustifiable". Here are the details.
Following the NGT's December 15 order, the TN government had challenged the same in the Supreme Court. While hearing the government's petition on Monday, the apex court held that the NGT did not have the authority to repeal the government's closure order. It further instructed Sterlite to take its plea for re-opening the plant to the Madurai bench of the Madras High Court.
Earlier, in December, the NGT had not only termed the government's closure order as "unjustifiable", but had directed the state pollution control regulator to issue a fresh order of renewal of consent for the plant within three weeks. It had also asked Sterlite owners Vedanta to spend Rs. 100cr over three years on 'welfare activities' in the region, over and above Rs. 10cr the company spends annually on welfare in Thoothukudi.
The NGT's December order came almost seven months after the TN government permanently shut down the plant. The plant's closure had been ordered on the back of escalating protests by locals against environmental pollution caused by the plant. Notably, 13 people had been killed in a police firing when the protests escalated, causing nationwide outrage against the entire incident.
The police firing took place on May 22, which marked the 100th day of the protest by local residents demanding the closure of the Sterlite plant. Residents had alleged that the plant was causing health problems for those living in Thoothukudi, apart from polluting and depleting ground water. Protests had turned violent after residents learnt of Vedanta's plans to double the plant's capacity.
Subsequently, Vedanta had challenged the TN government's decision in court, alleging that the government's action had been politically motivated. While the NGT had offered no interim relief to Vedanta in July, it had allowed the company to access its administrative unit inside the plant in August. However, the NGT ordered that the rest of the plant, including the production unit, remain closed.
Meanwhile, the NGT had also set up an independent committee to investigate allegations of environmental pollution against the Sterlite copper smelter. For its part, Vedanta has offered to pay Rs. 100cr for the welfare of people in Thoothukudi, as compensation for the pollution caused. With the SC refusing to allow re-opening of the plant, it remains to be seen where the case heads next.
