The Tamil Nadu government informed the Supreme Court on Monday 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.

However, the running and operation of the plant will be strictly monitored by a committee constituted by the State in view of the fact that there is great trust deficit created by Vedanta due to its past conduct as an environment polluter, the State told the Supreme Court.

"The State is agreeable to the oxygen plant alone being operated temporarily for a period of 4 months initially as an extraordinary interim measure to meet the emergency caused by Covid-19 in the larger public interest. However, in light of the great trust deficit created by Vedanta (due to its past conduct), the State needs to ensure sufficient safeguards are in place," the affidavit said.

The Monitoring Committee, which would supervise the operation of the plant, would comprising the following persons;

a. The Collector, Tuticorin, as Chairman,

b. Superintendent of Police, Tuticorin,

c. Sub Collector, Tuticorin,

d. The District Environmental Engineer, TNPCB,

e. Two government officers with technical knowledge of oxygen plants,

f. Three local community/environmental/NGO representatives/anti-plant activists.

The Committee will supervise the entire functioning of the Oxygen plant and also decide on the operation of the oxygen plant. The Committee will also be empowered to take decisions concerning the operation of these Plants.

"Vedanta shall provide operational manpower and other expertise, as well as bear all expenses related thereto," it was further submitted.

The affidavit was filed after Vedanta had approached the Supreme Court seeking reopening of the Oxygen plant stating that it can aid in addressing the Oxygen crisis currently plaguing the nation.

The State had initially opposed the move citing law and order issues but the Supreme Court had then suggested that the State itself should take over and operate the plant.

Vedanta had also opposed the Supreme Court suggestion stating that the State does not have required technical expertise or financial wherewithal to operate the plant.

The State then came up with the present solution of allowing Vedanta to run the plant subject to government supervision.

The State also informed Supreme Court that if agreed by the top court, it will pass an order immediately allowing Vedanta to operate its oxygen plant alone, utilising electricity provided by TANGEDCO as a temporary measure till the Covid19 crisis is over.

"The Petitioner shall not be permitted to operate the Copper Smelter, Thermal Power Plant any other plant or carry out any other activity. The Court may direct the Petitioner to adhere to their commitment to start production of oxygen within one week's time" the affidavit added.

Further, the State also proposed that only required technical staff of Sterlite who are directly related with production of oxygen, will be permitted with appropriate passes.

Tamil Nadu further stated that before meeting the supply of other States, priority has to be for the manufacturing Oxygen for Tamil Nadu considering the demand of oxygen in the State.

"Tamil Nadu’s current Medical Oxygen consumption of 325 MTs is fully using up the total manufacturing capacity of 330 MTs. Given the recent trend of accelerated increase of cases. Consumption is likely to exceed the capacity shortly. So, Tamil Nadu needs the Oxygen output of the plant if it is allowed to operate. Therefore, priority shall be given to meet Tamil Nadu’s need for medical oxygen from the Oxygen produced in the Plants," the affidavit stated.

The case is slated to be heard by the Supreme Court today.