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Supreme Court proposes committee to set safeguards to resume operation of Vedanta’s copper smelter plant in Tamil Nadu

The Supreme Court on Wednesday verbally observed that it could constitute a panel to set safeguard regarding the feasibility of restarting the shut Sterlite copper smelting plant owned by Vedanta in Tamil Nadu’s Tuticorin.

The bench led by Chief Justice of India DY Chandrachud observed that the panel will include experts on the environment and a representative from an Indian Institute of Technology (IIT), which has a department on environmental studies. Nonetheless, no order was passed by the apex court on the constitution of the panel.

The lawyer appearing for the Tamil Nadu government, however, objected to Supreme Court’s suggestion and noted that a panel of this nature was constituted in the past and they had filed a report on this issue. He added that the court is yet to decide on whether a panel is to be constituted as senior advocate Shyam Divan, representing Vedanta, is making arguments in the case at present.

The Tamil Nadu government in 2018 ordered the closure of Sterlite Copper after violent protests against the plant led to 13 deaths due to police firing. The government had mentioned violation of environmental norms as a reason for the closure.

During that time, the plant was producing more than 400,000 tonnes of metal ores annually and constituted 40 percent of India’s copper output. Furthermore, it also provided employment to 5,000 people directly and 25,000 indirectly.

The parent company of Sterlite Copper, Vedanta challenged the government’s decision and the National Green Tribunal (NGT) allowed the plant to reopen, finding the closure to be disproportionate. Nonetheless, the Supreme Court overturned this decision and directed Vedanta to approach the Madras High Court for any interim relief.

Neither the Madras High Court nor the Supreme Court allowed the plant to reopen. The company has filed a plea seeking periodic access to the plant to carry out essential maintenance work and is urgently seeking a hearing, citing the steep deterioration of the plant and its structures.

The Supreme Court in April 2023 permitted Vedanta to carry out the maintenance work at the closed plant. The move was taken based on the report of a high-power Committee (HPC) formed by the Government of Tamil Nadu to inspect the structural and civil safety of the plant.

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