Vedanta moves Madras HC against TNPCB order
Vedanta Limited, whose Sterlite Copper Smelter Plant in Thoothukudi was closed in 2019, on Wednesday approached the Madras High Court to quash an order passed by the TNPCB, refusing consent to its proposal to operate “Green Copper” at the same plant.
The First Bench, comprising Chief Justice MM Shrivastava and Justice G Arul Murugan, before whom the petition filed by Vedanta Limited came up for hearing, ordered notice to the state Government and the Tamil Nadu Pollution Control Board and posted to February 26, further hearing of the case.
In its petition, Vedanta Limited submitted that the order of TNPCB was vitiated by a patent violation of the principles of natural justice, having been passed without prior notice or affording the petitioner a personal hearing, which by itself warrants interference by this court.
Beyond this procedural illegality, the order does not reflect any genuine statutory evaluation of the “Green Copper” proposal, but rests on a fundamentally flawed premise that past regulatory actions and earlier judicial proceedings operate as a permanent disqualification against the petitioner.
The refusal proceeds on the erroneous assumption that past operations foreclose even consideration of a re-engineered and environmentally superior facility, an approach unsupported by statute or precedent and amount, in effect, to an unauthorised de facto ban, Vedanta added.
Vedanta said in view of the critical national and global demand for copper, its status as a strategic resource, and the growing trend of resource nationalism, the petitioner has proposed a “Green Copper” facility to augment domestic copper production while prioritising sustainability, responsibility and best-available technology.
The proposal offers a collaborative and permanent solution that addresses environmental concerns linked to past practices and simultaneously advances model responsible industrial growth in the national and state interest, it added.
Vedanta said the “Green Copper” process was fundamentally distinct from earlier operations, involving a comprehensive technological overhaul and significant investment to establish a digitally advanced facility that balances environmental and public health safeguards with economic growth and employment.
It is submitted that the statutory scheme governing the grant or refusal of consent to operate expressly contemplates adherence to procedural safeguards, including inspection in accordance with law and an opportunity of hearing prior to rejection. Rule 6 (3) of the Control of Air Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025 mandates the issuance of prior notice before inspection.
In the present case, inspection was conducted without any advanced notice whatsoever to the petitioner.
Such an inspection carried out, without advance notice to the applicant, cannot form the basis of an adverse decision and renders the impugned order as legally unsustainable for non-compliance with statutory procedure, Vedanta added.
Vedanta sought a direction to the authorities to constitute a court-monitored multi-disciplinary expert committee comprising representatives of TNPCB, Ministry of Environment and Forest, Central Pollution Control Board and Ministry of Mines, along with independent experts in relevant fields, to scientifically, independently and comprehensively examine the petitioner’s “Green Copper” proposal and submit a report.
