Madras High Court on Tuesday rejected a plea from mining giant Vedanta for permission to reopen its Sterlite copper unit at Tuticorin in Tamil Nadu, which has been closed since May 2018 over pollution concerns.
The company described the verdict as a “temporary setback” and said it would look into all legal options available to it, while political leaders and others welcomed the judgment.
A division bench of Justices T.S. Sivagnanam and V. Bhavani Subbaroyan upheld the orders of the Tamil Nadu Pollution Control Board (TNPCB) directing the closure of the unit in May 2018. It had on January 9 this year reserved orders on the matter.
The court, in its over 800-page judgment, dismissed a batch of writ petitions from Vedanta and others challenging the closure of the unit, which was at the centre of violent protests over pollution concerns.
Vedanta had approached the high court in February 2019, seeking to reopen the Sterlite plant which was closed following a May 23, 2018 order issued by the TNPCB in the backdrop of violent protests which left 13 people dead in police firing on May 21 and 22.
It had filed the petition in the high court as suggested by the Supreme Court which had on February 18, 2019 set aside the National Green Tribunal order that allowed opening of the Sterlite plant. Several people hailed the high court judgment in Tuticorin in southern Tamil Nadu by distributing sweets and bursting firecrackers.
Deputy chief minister O. Panneerselvam welcomed the judgment, saying it reflected the thoughts of crores of people.
DMK president M.K. Stalin said he bowed before the court for its judgment.
He urged the government to pass a cabinet resolution welcoming the judgment and file a caveat petition in the Supreme Court in case Vedanta files an appeal.
MDMK chief Vaiko said the judgment has done justice and hailed it as “a huge win” for the agitation by the people.
”Without compromising even a little, I myself have argued against the plant before the tribunal, the high Court and the Supreme Court,” he said and recalled his party’s 26-year-long struggle against the plant.
State secretaries of the CPM and the CPI, K. Balakrishnan and R. Mutharasan and PMK founder leader S. Ramadoss also urged the government to fight the matter in the apex court if the firm went on an appeal and ensure the plant’s permanent closure.
Sterlite CEO Pankaj Kumar told reporters in Tuticorin: “We will look at all legal options available to us.”
To a question, Kumar said: “There may be a possibility of lay-off,” adding the plant has been shut for over two years.
Associate vice-president D. Dhanavel said the judgment was “disappointing” and a “temporary setback”.
Dhanavel said “our company has continuously taken efforts to protect jobs of all to the possible extent despite closure. But now with this setback that (safeguarding jobs) will be a challenge... we will discuss this and take further steps considering the welfare of employees”.
In its arguments during the hearing, Vedanta had claimed the closure order was nothing but “naked discrimination” against the company and a knee-jerk reaction of the state to “appease” a section of the public with vested interest after 13 protesters were killed in the police firing.
Rejecting the charges, the state government had submitted that it has full authority and powers to shut down a factory when it causes serious threat to the environment and ecology. The Sterlite unit had flouted many rules which amounted to violation of statutory provisions warranting closure of the factory, it had told the court.
