In a victory to Tamil Nadu government and protestors, the Supreme Court of India(SCI)on Monday Feb 18,2019 set aside the National Green Tribunal(NGT)decision to re-open the Sterlite plant at Thoothukudi.
The plant had been ordered to be closed down by the Tamil Nadu Govt to environmental pollution.
An SCI Bench led by Justice Rohinton Nariman concluded that the tribunal lacked jurisdiction to entertain the appeal by the plant's owner, Vedanta, against the shut down.
Allowing the Tamil Nadu government’s appeal against the NGT decision, the judgment by Justice Nariman gave Vedanta liberty to move the Madras High Court for any interim reliefs.
Meanwhile, the plant remains closed
The appeal filed by the State, through advocate M. Yogesh Kanna, had said the tribunal failed to consider the entire gamut of data, documents and evidence placed on record in the case to show that the plant had ''irreversibly polluted the ground water “ in and around the Thoothukudi district”
Besides, the appeal in the apex court contended that the tribunal did not have the jurisdiction to adjudicate upon the validity of a government order.
Only the constitutional courts have the power and the jurisdiction to do so.
“It is submitted that the jurisdiction conferred upon the tribunal under Section 14 (1) of the National Green Tribunal Act, 2010 does not include the power to examine the validity of government orders,” the appeal said.
The NGT, on December 15,2018 order, had directed the Tamil Nadu Pollution Control Board (TNPCB) to pass fresh orders of renewal of consent and issue authorisation to Vedanta Limited, which owns the plant, to handle hazardous substances
The plant had been ordered to be closed down by the Tamil Nadu Govt to environmental pollution.
An SCI Bench led by Justice Rohinton Nariman concluded that the tribunal lacked jurisdiction to entertain the appeal by the plant's owner, Vedanta, against the shut down.
Allowing the Tamil Nadu government’s appeal against the NGT decision, the judgment by Justice Nariman gave Vedanta liberty to move the Madras High Court for any interim reliefs.
Meanwhile, the plant remains closed
The appeal filed by the State, through advocate M. Yogesh Kanna, had said the tribunal failed to consider the entire gamut of data, documents and evidence placed on record in the case to show that the plant had ''irreversibly polluted the ground water “ in and around the Thoothukudi district”
Besides, the appeal in the apex court contended that the tribunal did not have the jurisdiction to adjudicate upon the validity of a government order.
Only the constitutional courts have the power and the jurisdiction to do so.
“It is submitted that the jurisdiction conferred upon the tribunal under Section 14 (1) of the National Green Tribunal Act, 2010 does not include the power to examine the validity of government orders,” the appeal said.
The NGT, on December 15,2018 order, had directed the Tamil Nadu Pollution Control Board (TNPCB) to pass fresh orders of renewal of consent and issue authorisation to Vedanta Limited, which owns the plant, to handle hazardous substances
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