Chennai, February 11 Vedanta Limited, whose Sterlite Copper Smelter Plant in Thoothukudi was closed in 2019, approached the Madras High Court on Wednesday to challenge an order passed by the Tamil Nadu Pollution Control Board (TNPCB), which refused consent to its proposal to operate "Green Copper" at the same plant.
The First Bench, comprising Chief Justice M M Shrivastava and Justice G Arul Murugan, heard the petition filed by Vedanta Limited and ordered the state government and the Tamil Nadu Pollution Control Board to respond and adjourned the case to February 26 for further hearing.
In its petition, Vedanta Limited argued that the TNPCB order was flawed due to a violation of the principles of natural justice, as it was passed without prior notice or a personal hearing, which warrants interference by this court.
Beyond this procedural illegality, the order does not reflect a genuine statutory evaluation of the "Green Copper" proposal, but is based on a fundamentally flawed premise that past regulatory actions and earlier judicial proceedings constitute a permanent disqualification for the petitioner.
Vedanta stated that, given 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 prioritizing 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 that the "Green Copper" process is 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 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 prior notice 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 legally unsustainable due to non-compliance with statutory procedure, Vedanta added.
Vedanta sought a direction to the authorities to constitute a multi-disciplinary expert committee, monitored by the court, comprising representatives of the TNPCB, the Ministry of Environment and Forest, the Central Pollution Control Board, and the 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.