29 February 2024 Administrative Law >> Constitution & Law Procedure   |   Public Interest Litigation >> Constitution & Law Procedure   |   Environment Protection >> Environmental Law  

The Supreme Court of India has upheld the closure of a copper smelter plant in Thoothukudi, Tamil Nadu, operated by Vedanta Limited. The closure order, issued by the Madras High Court, was challenged by Vedanta Limited, but the Supreme Court dismissed their petitions.

The plant was accused of violating environmental norms in several ways, including operating without proper consent for extended periods, improper disposal of hazardous waste, and exceeding emission limits. The Supreme Court's judgement acknowledged the plant's contribution to the local economy, but ultimately prioritized environmental protection and public health.

Court Emphasizes Right to Clean Environment

In its judgement, the court highlighted the importance of balancing economic development with environmental concerns. It emphasized the concept of intergenerational equity, ensuring that environmental resources are preserved for future generations. The court also stressed the fundamental right to a clean environment, which includes access to clean air, water, and a healthy living environment.

Closure Seen as Last Resort

The Supreme Court acknowledged that closing the plant was not an ideal solution. However, the severity and repeated nature of the environmental violations left the court with no other option. The judgement cited the polluter pays principle, which holds that those responsible for pollution should bear the costs of mitigation and restoration.

Ruling Upholds High Court's Observations

The Supreme Court also upheld the observations made by the High Court regarding the Tamil Nadu Pollution Control Board's (TNPCB) shortcomings in enforcing environmental regulations. The court found the High Court justified in criticizing the TNPCB's lack of promptness and thoroughness in carrying out its duties.

This judgement serves as a reminder of the importance of environmental protection and the responsibility of industries to operate within environmental regulations. It also highlights the judiciary's role in upholding the right to a clean environment and ensuring that environmental regulations are enforced effectively.