Introduction:

The Supreme Court has dismissed Vedanta Limited’s special leave petition seeking permission to reopen its Sterlite copper smelting plant in Tuticorin, Tamil Nadu. Citing “repeated breaches” and “serious violations,” the Court upheld the August 2020 Madras High Court ruling that rejected Vedanta’s plea against the closure of its copper plant. The apex court emphasized sustainable development, the polluter pays principle, and the public trust doctrine in its verdict.

Arguments:

Vedanta argued against the closure of its plant, pointing to five grounds, including issues with groundwater reports, copper slag dumping, hazardous waste permission, ambient air quality reports, and the creation of a gypsum pond. The company contended that the High Court was not justified in inquiring into other environmental violations beyond these specified grounds. However, the Court noted Vedanta’s consent for a comprehensive evaluation by the High Court, rejecting claims of jurisdictional errors.

Court’s Judgment:

The Supreme Court affirmed the High Court’s decision, emphasizing the importance of sustainable development, the polluter pays principle, and the public trust doctrine. It stated that the closure of the industry is not the first choice but is warranted due to the severity of violations. The Court dismissed Vedanta’s plea, stating that the special leave petition did not warrant interference under Article 136 of the Constitution. It highlighted the High Court’s factual findings and refused to entertain arguments about errors in jurisdiction.