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Synopsis

The Supreme Court recently dismissed a review petition filed by Vedanta Limited against a judgment dated February 29, 2024, which upheld the Madras High Court's decision to close down its copper smelter plant in Thoothukudi, Tamil Nadu, due to violations of various environmental norms.

A bench of former Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra by an order on October 22 declined to reconsider the decision.

"Having perused the review petitions, there is no error apparent on the face of the record," the bench said.

The court held that no case for review under Order XLVII Rule 1 of the Supreme Court Rules 2013 had been established. 

"The review petitions are, therefore, dismissed," the bench said, after considering the matter through circulation of documents inside the chambers as per the SC Rules.

The court, which allowed the application to file the review petition, also dismissed an application for an open court hearing.

With this, the company is left with an option to file a curative petition only which is considered as the last legal recourse for an aggrieved party.

In its February 29 judgment, the bench had cited repeated violations by the unit, coupled with the severity of violations to uphold the decision to shut down the plant.

"While the industry has played a role in economic growth, the health and welfare of the residents of the area is a matter of utmost concern. In the ultimate analysis, the State Government is responsible for preserving and protecting their concerns," the bench had said.

In 2018, the Tamil Nadu Pollution Control Board ordered the closure of the Sterlite Copper Plant after protests by local residents, who alleged that the facility was causing severe pollution, leading to the spread of diseases.

This decision was later upheld by the Madras High Court in August 2020. 

In its judgment, the apex court had noted that it is an undeniable and fundamental truth that all persons have the right to breathe clean air, drink clean water, live a life free from disease and sickness, and for those who till the earth, have access to uncontaminated soil. 

"These rights are not only recognised as essential components of human rights but are also enshrined in various international treaties and agreements, such as the Universal Declaration of Human Rights, the Convention on Biological Diversity, and the Paris Agreement. As such, they must be protected and upheld by governments and institutions worldwide, even as we generate employment and industry," it had said. 

The bench had also pointed out that the ultimate aim of all our endeavours is for all people to be able to live ‘the good life.

"Without these basic rights, increased revenue and employment cease to have any real meaning. It is not merely about economic growth but about ensuring the well-being and dignity of every individual. As we pursue development, we must prioritise the protection of these rights, recognising that they are essential for sustainable progress. Only by safeguarding these fundamental rights can we truly create a world where everyone has the opportunity to thrive and prosper," the bench had said.

Case Title: Vedanta Limited Vs The State of Tamil Nadu & Ors