The Supreme Court while hearing Indian multinational mining company Vedanta’s plea for the reopening of its Sterlite copper plant in Tamil Nadu’s Thoothukudi, questioned how the company could continue its operation despite the expiry of hazardous waste authorization. 

A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra heard a special leave petition lodged by Vedanta Limited against an August 2020 Madras High Court order ruling dismissing a batch of pleas by the company against the closure of its copper plant in Tuticorin and other consequential orders passed by the Tamil Nadu Pollution Control Board (TNPCB).

During the hearing, the Supreme Court questioned the mining company on how it could have continued operations despite the expiry of the hazardous waste authorisation under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

Notably, one of the grounds cited for directing its shutdown was the absence of a valid hazardous waste disposal license. Reportedly, while Vedanta did apply for a renewal of the permission, it continued functioning even after the previous license expired. 

Responding to the bench, Senior Advocate Shyam Divan contended that the Tamil Nadu Pollution Control Board took a very long time to process the application, not just for Vedanta, but for industries across the state, including neighbouring units. He added that even where they take the time and the period has expired, the pollution control board allows the industry to continue functioning.

Meanwhile, the Tamil Nadu Pollution Control Board denied the aforesaid allegations, claiming that Vedanta’s applications had to be rejected or returned multiple times on account of being incomplete.

Subsequently, Chief Justice Chandrachud asked Vedanta’s counsel if there was any provision allowing industrial units to continue operating, pending an application for the renewal of their hazardous waste disposal licenses. Shyam Divan answered in the negative, but argued that it was a common understanding shared by industrial units across the board.

CJI DY Chandrachud pressed further stating that once the hazardous waste authorisation has expired, then there is no question of continuing in the absence of any renewal. He asked why did the company not approach the court under Article 226?.

To this, the Senior Advocate conceded that the mining company should have moved the high court for an expeditious disposal of their renewal application, but argued that in view of the massive delay on the part of the authorities to process its request, closing down the plant was a disproportionate reaction.

Following, Chief Justice Chandrachud replied that the submissions shows that there is a failure on the part of the pollution control board and perhaps this is the state of pollution regulation in India. However, for the highest court of the land to say that allow entities without authorisation to operate because the board has kept the applications pending will be setting a very wrong precedent, he concluded. 

ILNS: The petition of Vedanta Limited, urging for reopening of its Sterlite copper plant in Tuticorin, which was shut down over environmental reasons, came up before the Supreme Court on Friday.

Vedanta had appealed for the reopening of its plant saying it has the ability to produce oxygen. The Bench, headed by Chief Justice of India SA Bobde, made it clear that it had no problem if the Tamil Nadu government takes over the plant, but it would be required to produce the oxygen that it can during these trying times, when the whole country is gasping for oxygen.

Senior Advocate CS Vaidyanathan, appearing for the state, said: “There is a law and order situation. They are finding it extremely difficult to operate.”

The CJI said: “Yesterday you didn’t tell us about this.”

Vaidyanathan tried to reply: “The state bonafidely (sic) tried…”

The CJI asked: “Can you tell this on oath?”

Senior Advocate Colin Gonsalves said: “Respondent no. 10 are people who are severely affected families, some have died, some have cancer.”

The CJI said: “We have no problem if TN takes over the plant.”

Gonsalves reported: “They (the state government) have taken over the plant.”

The CJI asked: “Then why are they not generating (producing oxygen)?”

Gonsalves said: “I’ll tell you. Because they have a lot of oxygen they have in surplus that is why they don’t need to.”

SG Tushar Mehta said: “The country is in bad need of oxygen; it is not that every state produces and uses; it is the Centre who allocates. Law and order can never be problem. Why are we not using, where every tonne matters?”

The CJI said: “It is the directive principle of the Constitution, let Tamil Nadu produce. When people are dying, the state government says we will not open the plant. What is the reason for that? Just because of Vedanta, they will not open the plant and let the people die? We have never heard of such an argument from a state government.”

Vaidyanathan said: “Milord may keep it for 2 pm or tomorrow. We are doing the best we can. The Central government has the power to run (the plant).”

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The CJI said: “All that we are trying to say is that we are not concerned about who produces it, whether it is Vedanta or A or B. We are concerned about the oxygen. It should be produced.”

The state will file its affidavit on the next date of hearing, which is Monday, April 26.