State has powers to shut hazardous units like Sterlite: TN

The fundamental right to carry on any profession or business conferred by the Constitution is available only to individuals and not to corporates like Vedanta, the Tamil Nadu government told the Madras High Court on Tuesday.

Senior counsel K V Viswanathan made the submissions on behalf of the state government while justifying its decision to close Sterlite copper smelter plant in Tuticorin.

The state made the submissions on the plea moved by Vedanta challenging the government order directing closure of its unit.

This apart, the state has full authority and powers to shut down a factory when it causes serious threat to the environment and ecology.

Though there were many other industries in the SIPCOT area where Sterlite is located, the pollution caused by Sterlite is higher than others, it was submitted.

The unit has flouted many rules which amount to violation of statutory provisions warranting closure of the factory, the counsel said.

The state government has all the powers to close a unit on pollution grounds and similarly Sterlite has been shut down for causing serious pollution to water resources in the area, besides causing damage to the environment, he said.

Countering the argument of Vedanta that it has fundamental right under the Constitution to carry out any profession or business, the government said that such right is available only to the individuals and not to corporate companies like Vedanta.

Denying the allegation that the closure order was a knee-jerk reaction to the anti-Sterlite protest resulting in police firing in which resulted in death of 13 people, the counsel said the protests might be one among the reasons for closure but it was not the only reason.

Recording the submissions, a special bench of Justice T S Sivagnanam and Justice Bhavani Subbaroyan adjourned the hearing to August 7.