Tamil Nadu to Supreme Court: Vedanta-owned Sterlite Copper not a national asset

The Tamil Nadu government on Wednesday told the Supreme Court that Sterlite Copper should not be considered a national asset or deemed necessary to reopen to fulfill the country’s copper demand. The state government pointed out that Adani Group’s forthcoming copper smelter plant in Gujarat is capable of fulfilling India’s copper demand.

In May 2018, the Tamil Nadu Pollution Control Board (TNPCB) ordered the closure of Vedanta's Sterlite Copper. This decision came after 13 people were killed and 102 injured when police fired on protestors. 

The demonstrations were in opposition to Sterlite's proposal to double its annual capacity to 8,00,000 tonnes, a move that protestors believed would worsen the plant's environmental and health impact due to its operations. The government had cited violation of environmental norms as a reason for the closure.

The Tamil Nadu government opposed granting Vedanta any opportunity to reopen its plant in the state. Thoothukudi, alleging that the company was a repeat offender and polluter.

On the other hand, Anil Agarwal-controlled Vedanta on Wednesday filed a note before the Supreme Court that it has agreed to the court's suggestion to set up an expert committee to evaluate whether the copper smelter plant in Tuticorin, Tamil Nadu can be reopened.

In a note submitted to the top court, the company has suggested setting up a panel of specialists including members from the Ministry of Environment, Forest and Climate Change of India, the National Environmental Engineering Research Institute, the Central Pollution Control Board, IIT, the Tamil Nadu Pollution Control Board, Vedanta, and three independent experts. It has also requested that this expert committee be led by a retired justice of the apex court.

Vedanta said the expert committee should make recommendations and suggest conditions for resumption of operations of its copper smelter plant. The committee may also suggest additional environmental safeguards, if required.

Vedanta's note said: "Pending receipt of the report the petitioners (Vedanta) may be permitted to carry out refurbishment, repair and maintenance of the unit at their risk and cost. However, this work will not involve any production activity. The refurbishment and repair contemplated will include furnace refractory relining, equipment repair and overhauling, safety assessment and structural corrections."

Vedanta further said that it will bear the costs that are likely to be incurred by the committee in addition to agreeing to cooperate in whatever way possible to give effect to the SC's order, if passed. 

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