Thread by @barandbench

[OPENING VEDANTA PLANT IN TAMIL NADU]

Justice DY Chandrachud led bench of #SupremeCourt to consider an interim application from @VedantaLimited seeking to reopen the Tuticorin plant solely for manufacturing Oxygen & supplying it free of cost.
#OxygenEmergency
#COVID19

Tamil Nadu government has strongly objected to any such reopening since it could pose a law and order situation.

#Vedanta on the other hand has informed Supreme Court that Tamil Nadu lacks both financial and technical capability to operate the oxygen plant.

barandbench.com/news/litigatio…

Hearing to commence at 11 am. Follow thread for updates 👇

Tamil Nadu government informs the Supreme Court that it has decided to allow mining company Vedanta to temporarily reopen its oxygen plant at Thoothukudi for 4 months in view of shortage of oxygen in the country due to the COVID-19 pandemic

barandbench.com/amp/story/news…

Senior Adv CS Vaidyanathan: Tamil Nadu govt held a meeting with all political parties and agreed to re-open the plant in the national interest

#supremecourt
#sterlite

Vaidyanathan: state has agreed to re-open the oxygen plant of Vedanta for 4months. But considering the trust deficit among people in Vedanta certain safeguards are necessary

Vaidyanathan: Vedanta will be allowed only to reopen the oxygen plant. It cannot start is copper smelting operations. The operation will be under monitoring of Govt Committee.

Justice Chandrachud: Management and running of the plant has to be by Vaidyanathan. it has to be an oversight committee. once the plant starts running its a national crisis and state cant look at it in silo. once oxygen is manufactured don't stop supply to other states

Justice Chandrachud: please wait for some time. Justice Bhat is trying to connect. let me call him in the meantime.

On call: we are waiting for you. They are trying to connect you

Justice Bhat joins back

Justice Chandrachud: I was suggesting that state as 25 metric tonnes and need to be looked at. but any surplus or excess be transferred to other states

Justice Bhat: There is an order of Madras HC too isn't it? as far as diversion is concerned Centre has issued orders which deals with allocation

Sr Adv Vaidyanathan: We are only saying priority should be given to State Govt, and surplus can be given to other states

SG Tushar Mehta: My request is simple. I am not concerned in dispute between state and Vedanta. There is a facility available and the facility is unutilised. whatever oxygen is manufactured should be for health purposes and be given to centre and allocated to every state too

SG: if there is a big surge in some state,then we may have to send a bit more to that particular state Let the oxygen be given to centre for state wise allocation

Justice Chandrachud: Mr Vaidyanathan we are seized off the case and in case any intervention is required come to us

SG: our priority should be different and not political executive issues.

Senior Adv Harish Salve for Vedanta: We will only manufacture oxygen and they will provide electricity. But I have two problems. Putting local community and NGO leaders is what we oppose. we must have faith in collectors. We don't have any problem with CEC or any official.

Justice Chandrachud: The committee can have state officials etc but in so far as local community environmental activists etc , the committee can interact with them but avoid any ugly situation on ground and be a committee with governmental accountability

Vaidyanathan: There was a lot of issues and resentment on ground and there was to be a law and order issue and thus they were included. They should not feel their interests are not been taken care of.

Justice Chandrachud: Instead of MoEF let the state authorities be in charge and not create a multi level authority since MoEF is Delhi based.

Salve: It is my instruction that we can ramp up to 200 MT Oxygen in the plant. Any dues which arise will be paid. Whether it is to be given to state, Centre, India whoever we are directed to we will give the oxygen

Justice Chandrachud: How soon can it start?

Salve: I am being told they can start within 10 days and some production can start and soon be scaled up

Senior Adv Colin Gonsalves appears for the Sterlite affected families: I support the idea that oxygen be generated. I represent the families which were severely affected by the plant. History of litigation shows Vedanta is a chronic defaulter

Justice Chandrachud: we are not hearing appeal against Madras HC order. We are only dealing with restarting oxygen plant. Just tell us the safeguards.

Gonsalves: Vedanta is not trusted there. They have tried in several times that to restart the plant and take people inside. 250 people entry will be a full scale entry into the plant.

Justice Chandrachud: What safeguards can be put?

Gonsalves: AG made a statement in HC yesterday which said Vedanta has very minimal capacity for Oxygen and very low capacity for health use and mostly for industrial use.

Gonsalves: People of that area believes that manufacturing will take 6 to 9 months. 250 people being brought inside will mean that they will say they carry repaiw work of the plant for long. plant is closed for 3 years. younger plants can come up quickly

Gonsalves: Let the state run the plant and not Vedanta. Expert committee with members from IIT are there which has said the plant is not viable, taking 250 people is not necessary and there is toxic material inside.

Justice Chandrachud: 7 member committee formed by this court will be able to assess this technical aspect? Mr Vaidyanathan have you consulted whether they will be able to manufacture medical level oxygen

Vaidyanathan: experts that 35 MT oxygen can be produced immediately. regarding number of persons they will submit a list and the committee will look into it

Justice Bhat: Mr Salve how many people are required for oxygen plant?

Salve: 3,000 needed for the plant

Justice Bhat: specific question is for the plant?

Salve: 250

Salve: Oxygen plant is a separate plant. Many plants produce industrial grade oxygen and when it is medical grade it will be more concentrated. There is no problem at all

Justice Chandrachud: Under the guise of this order you will not restart the other one?

Salve: we will not operate the copper or the power plant and use TANGEDCO power. we will provide it free of cost.

Justice Chandrachud: they will have records how many people are needed for oxygen plant. they will submit those persons to the committee and it will be authorised by the committee . we are not accepting Vedantas statement as in affidavit

Justice Chandrachud: Committee will decide it. We are alive to the concerns of local community. We are in a national crisis today where people are dying due to the lack of oxygen.
#SupremeCourt

SG Tushar Mehta: these are selective vested interests group

Justice Chandrachud: that's fine. But that's how it was brought before us (pollution). we cannot gloss over it

#OxygenEmergency

Justice Chandrachud: we will ask the environment ministry to nominate a person to the committee @moefcc

Gonsalves: but the local community members...

Justice Chandrachud: MoEF will not bring someone from Uttarakhand. Lets leave it to MoEF

SG Tushar Mehta: There is no such environmental expert of Tamil Nadu etc..

Justice Chancrachud: okay that is enough (smiles). we will conclude it now

AAG for Tamil Nadu, Balaji Srinivasan: My instructions are please let the local community members be there.

SG: let law and order situation be tackled by state. they cannot say they are dependant on activist for law and order. Please do not let outsiders join this committee

CS Vaidyanathan: I dont agree when SG Mehta says he supports Vedanta. Centre should not say this

Justice Chandrachud We are in a crisis There cannot be political bickering in this court. We are in a national crisis, we have to support nation as a court. its a national calamity.

Gonsalves: We also want oxygen. We are not anti-nationals

Salve: Yes you are anti nationals

Justice Chandrachud to Mr Salve: Zaun deya (let it go in Marathi)

The three judges discuss with each other on the point of members to be included in the oversight committee

Vaidyanathan: local community involvement is necessary. Police and others will be busy with votes counting. Please let them be

Justice Chandrachud: we have found a balanced situation. We will request NEERI to nominate three experts from TN and Gonsalves can choose 2. Then there will be 5 experts. The oversight committee can discuss with the committee of experts

SG: CS Vaidyathan has submitted that TN will use the oxygen. But that will have a cascading effect. Let it be made available to the central pool and allocation will happen

Justice Chandrachud: when there is a situation when your needs increase you can come to us.

Gonsalves: Vendanta affidavit states 45 persons would enter the plant.

SG Mehta: On another note priority too should not be given to TN for Oxygen allocation

Counsel: Let MoEF nominate, NEERI has been in past consultations with Vedanta

ORDERS 1/n

Justice Chandrachud: Vedanta has moved an interim application. During hearing IA has been confined to allow applicants to operate the oxygen plant for supplying oxygen in present time during national crisis as instristic part of dealing with COVID pandemic

2/n

Justice Chandrachud: this court had directed Tamil Nadu to submit an affidavit on issues raised. Memo has been filed stating that collector of Tuticorin met all stakeholders. At that time public sentiment was against opening plant.

3/n

Justice Chandrachud: However to meet the demand created by the national crisis, state has agreed that matter was deliberated at governmental level and all political party meeting was convened. Course action is committee....

4/n

Justice Chandrachud: Senior Adv Harish Salve has submitted that Vedanta will be able to produce 200 MT of liquid oxygen within 10 days.

5/n

Justice Chandrachud: Senior Adv Colin Gonsalves has submitted that Vedanta has no fulfilled its undertakings in past, another bench has refused Vedanta's plea to reopen copper plant twice, sludge is still remaining in plant.

6/n

Justice Chandrachud: We are inclined to allow Vedanta's prayer to operate the oxygen plant as a standalone unit. The order is passed only in view of the national need for oxygen. The order will not create any equities in favour of Vedanta.

7/n

Justice Chandrachud: Tamil Nadu Govt will form a committee to monitor Vedanta with :
a)District Collector, Tuticorin.
b)SP Tuticorin.
c)District Environmental Engineer.
d)Sub Collector Tuticorin.
e)Two govt officials with knowledge of affairs.

8/n

Justice Chandrachud: Vedanta shall not be allowed to enter and operate the copper smelting plant under the garb of this order. Role of the committee to be nominated by state govt has to be in nature of oversight committee.

9/n

Justice Chandrachud: before allowing any worker to entry Vedanta to submit list of technical and non technical staff who are absolutely essential to run the plan with the committee and those such names will be approved will be allowed entry

10/n

Justice Chandrachud: the committee formed can consult with the local community members to assuage any genuine concern. This order will continue to hold ground till July 31, 2021 and then see what is the ground situation with respect to COVID19

11/n

Justice Chandrachud: MoEF is directed to form a 3 member panel of three environmental experts from Tamil Nadu and the victims of Vedanta can choose two out of them to be in the committee. If the victims fail to nominate within 48 hours, state should nominate two members.

Lawyer: Let the oxygen be given to Tamil Nadu.

Justice Chandrachud : Nation stands together in this moment. At present, Tamil Nadu's oxygen demands are met. In case of any future need, they can approach us for changes.

Matter over.

#SupremeCourt

There cannot be political bickering, we are in a national crisis: Supreme Court allows reopening of Vedanta plant to produce oxygen

#Vedanta #VedantaOxygenPlant #Oxygen #OxygenShortage #COVID19 #COVID19India #SupremeCourt

Read full story here: bit.ly/3vjZpMI