VEDANTA LIMITED versus THE STATE OF TAMIL NADU & ORS

Citation: [2024] 2 S.C.R. 1121 · Decided: 29-02-2024 · Supreme Court of India · Bench: D.Y. CHANDRACHUD, J.B. PARDIWALA, MANOJ MISRA · Disposal: Dismissed

Cited by 2 judgment(s) · cites 5 · see the full citation network in Lexace

Judgment (excerpt)

[2024] 2 S.C.R. 1121 : 2024 INSC 175
Vedanta Limited 
v. 
The State of Tamil Nadu & Ors
(Special Leave Petition (Civil) Nos. 10159-10168 of 2020)
29 February 2024
[Dr Dhananjaya Y. Chandrachud, CJI, J. B . Pardiwala and 
Manoj Misra, JJ.]
Issue for Consideration
Impugned orders passed by the High Court directing closure of the 
copper smelter operated by the petitioner at the industrial complex in 
Tamil Nadu for violations of numerous environmental norms, if justified.
Headnotes
Environmental Laws – Environmental pollution and degradation 
– Copper smelter operated by the petitioner at the industrial 
complex in Thoothukudi in Tamil Nadu – Closure of, for 
violations of numerous environmental norms by the High 
Court – Interference with:
Held: Industrial establishment was not exculpated of its liability for 
environmental violations – Closure of the industry is undoubtedly not 
a matter of first choice – Nature of the violations and the repeated 
nature of the breaches coupled with the severity of the breach of 
environmental norms left neither the statutory authorities nor the 
High Court with the option to take any other view unless they were 
to be oblivious of their plain duty – Unit, has been contributing to 
the productive assets of the nation and providing employment and 
revenue in the area – The Court has to be mindful of the principles of 
sustainable development, the polluter pays principle, and the public 
trust doctrine which underscore the importance of balancing economic 
interests with environmental and public welfare concerns – While 
the industry has played a role in economic growth, the health and 
welfare of the residents of the area is a matter of utmost concern – 
State Government is responsible for preserving and protecting their 
concerns – All persons have the right to breathe clean air, drink clean 
water, live a life free from disease and sickness, and for those who 
till the earth, have access to uncontaminated soil – These rights are 
not only recognized as essential components of human rights but 
are also enshrined in various international treaties and agreements – 
They must be protected and upheld by governments and institutions 
1122
[2024] 2 S.C.R.
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– Without these basic rights, increased revenue and employment 
cease to have any real meaning – Thus, interference u/Art. 136 not 
warranted – High Court justified in making the observations in regard 
to the lack of alacrity on the part of the Pollution Control Board in 
discharging its duties, thus the observations not to be expunged or 
obliterated from the record. [Paras 22-25, 28, 29, 32]
Constitution of India – Art. 136 – Exercise of power u/Art.136, 
when:
Held: Is to be exercised sparingly and only when exceptional 
circumstances exist which justify the exercise of its discretion – On 
facts, as regards the challenge to the order passed by the High 
Court directing the closure of the copper smelter operated by the 
petitioner at the industrial complex in Tamil Nadu, this Court to apply 
the principles of judicial review bearing on whether the findings 
arrived at by the High Court are borne out from the record or 
conversely, are based on misappreciation of law and fact. [Para 18] 
Doctrines/Principles – Polluter pays principle – Meaning of:
Held: Is a widely accepted norm in international and domestic 
environmental law – It asserts that those who pollute or degrade the 
environment should bear the costs of mitigation and restoration – 
Polluter pays principle serves as a reminder that economic activities 
should not come at the expense of environmental degradation or 
the health of the population. [Para 24]
Doctrines/Principles – Public trust doctrine – Meaning of:
Held: Public trust doctrine, recognized in various jurisdictions, 
including India, establishes that the state holds natural resources 
in trust for the benefit of the public – It reinforces the idea that the 
State must act as a steward of the environment, ensuring that the 
common resources necessary for the well-being of the populace 
are protected against exploitation or degradation. [Para 25]
Intergenerational equity – Concept of :
Held: It suggests that the “present residents of the earth hold 
the earth in trust for future generations and at the same time the 
present generation is entitled to reap benefits from it” – Planet 
and its invaluable resources must be conscientiously conserved 
and responsibly managed for the use and 

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