Major Setback For Vedanta: SC Junks Review Plea Against Closure Of Copper Smelting Plant In Thoothukudi

The Supreme Court dismissed Vedanta's review plea seeking to reopen its copper smelting plant, closed since May 2018 due to pollution concerns.

New Delhi: The Supreme Court has junked a review plea filed by the Vedanta group seeking to reopen its copper smelting plant in Thoothukudi, Tamil Nadu.

In February this year, the apex court had dismissed Vedanta's plea for re-opening of its copper smelting plant in Thoothukudi. The plant has been closed since May 2018 due to pollution concerns.

The apex court, in February, had said the health and welfare of the residents of the area is again a matter of utmost concern and in the ultimate analysis, the state government is responsible for preserving and protecting their concerns, while dismissing the plea for re-opening of the plant.

A bench led by Chief Justice D Y Chandrachud (now retired) and comprising justices J B Pardiwala and Manoj Misra also rejected Vedanta's application for listing the review petition in open court.

"Having perused the review petitions, there is no error apparent on the face of the record. No case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013 has been established. The review petitions are, therefore, dismissed," the bench said in its October 22 order. The order was recently uploaded on the apex court’s website.

The copper smelting plant in Thoothukudi has been closed since May 2018 after 13 people were killed as police opened fire to quell a protest over alleged pollution caused by it.

In February, the apex court had said that the closure of industry was undoubtedly not a matter of first choice and added the repeated nature of breaches, coupled with the severity of the violations would in this analysis have left neither the statutory authorities nor the high court to take any other view unless they were to be oblivious of their duty.

The apex court had said that it is conscious of the fact that the unit has been contributing to the productive assets of the nation and providing employment and revenue in the area. “Equally, while these aspects have undoubted relevance, the court has to be mindful of other well-settled principles, including the principles of sustainable development, the polluter pays principles and public trust doctrine”, said the apex court.

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