In a pivotal case the Supreme Court of India is deliberating on Vedanta's plea for the resumption of operations at its copper smelter facility in Tamil Nadu's Tuticorin. The case, stemming from the closure order issued by the Tamil Nadu Pollution Control Board in 2018, has been under intense scrutiny due to its ramifications on both the local community and broader environmental issues.

Headed by Chief Justice of India DY Chandrachud, a three-judge bench expressed paramount concern for the health and welfare of the people affected by the operations of the smelter plant. The bench emphasized the need to address the broader concerns of the community, acknowledging their voicelessness in such matters.

Senior advocate Shyam Divan, representing Vedanta, underscored that the environmental clearance for the plant was granted back in 2007 and had not faced any challenge until now. However, the bench remained cautious, emphasizing the need for stringent environmental safeguards before any resumption of operations.

"We may not be able to direct that you start operating today," the bench remarked, "but ensure that terms are put forth by an expert panel to satisfy environmental safeguards before any resumption."

The court also took a pragmatic approach, recognizing the complexities involved in the decision-making process. Chief Justice Chandrachud highlighted the importance of not solely faulting the High Court's decision, stressing the need for a comprehensive evaluation that goes beyond immediate concerns.

Amidst suggestions for the formation of an expert committee comprising relevant stakeholders, including government bodies and Vedanta, concerns were raised by senior advocate CS Vaidyanathan, representing Tamil Nadu. He reiterated the evidence of pollution from various committees and emphasized the need to prioritize environmental protection over economic interests.

The Supreme Court, however, remained steadfast in its pursuit of a balanced solution. Proposing the establishment of a committee tasked with laying down stringent conditions, Chief Justice Chandrachud emphasized that operation could only resume upon meeting these conditions.

The ongoing hearing, which began recently, is a continuation of a legal saga that began in 2018. At that time, the Tamil Nadu Pollution Control Board ordered the closure of the Sterlite Copper Plant following protests by local residents, alleging severe pollution and associated health issues. The Madras High Court upheld this decision in August 2020, leading Vedanta to challenge the order in the Supreme Court. 

The hearing will continue today.