SC rejects Vedanta's review plea against closure, Sterlite end imminent

Only legal recourse left for firm is to file curative petition before apex court
Vedanta’s plant in Thoothukudi was shutdown after protests in 2018
Vedanta’s plant in Thoothukudi was shutdown after protests in 2018 (Photo | Express)
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NEW DELHI: In a major setback to Vedanta Group, the Supreme Court has rejected the review petition filed by the company challenging the order passed by the court in February upholding the Madras High Court’s decision to close the Thoothukudi plant in Tamil Nadu.

A three-judge bench headed by Chief Justice D Y Chandrachud (who has since demitted office) had passed the order on October 22 and the judgment copy has been uploaded recently.

The only legal recourse now left for the company is to file a curative petition before the apex court.

The apex court did not find any ground to review its earlier order. “Application for listing the review petition in open court is rejected. Delay condoned. The review petitions are dismissed in terms of the signed order. Pending application, if any, stands disposed of,” the bench had said in its order.

On February 29 this year, the SC had rejected the Vedanta’s petition challenging the Madras HC’s order of closing of the plant in Thoothukudi plant in Tami Nadu. Vedanta had then moved the SC challenging that order and requested for a review of it.

The top court in its February order noted that there are “repeated breaches” and “serious violations” on the part of Vedanta in the case. The SC had also had rejected the appeals filed by Tamil Nadu Pollution Control Board (TNPCB) challenging the observations made by the Madras High Court against it in connection with its inaction in the case.

“We are of the view that the HC was justified in making those observations in regard to the lack of alacrity on the part of the TNPCB in discharging its duties,” the SC had said.

While rejecting Vedanta’s appeal for opening the plant, the SC said, “We are conscious of the nature of contribution of the company to the area. However, court said we have to be mindful of principle of sustainable development, and health and welfare of the residents of the area is a matter of utmost concern”.

Listing out the reasons for the dismissal of the appeal, the Apex Court said that Vedanta failed to remove copper slag at almost 11 sites including private land. It also failed to abide by conditions in consent to operate in case of gypsum. Vedanta also failed to obtain authorisation for disposal of hazardous waste, the court said.

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