The apex court in the hearing of Sterlite case directed the National Green Tribunal(NGT) to reevaluate Tamil Nadu Government’s petition oppugning ‘maintainability and merit’ of Vedanta Ltd’s case filed with the latter challenging the TN’s command to permanently close the Sterlite factory in Thoothukudi, reported Economic Times.
The Supreme Court has although not ordered a stay on the proceedings of the case filed with NGT challenging the closure demanded by the Tamil Nadu government on the issue.
“The case is set to come up for hearing at the NGT on August 20 (Monday.) The NGT has been directed to clarify on Maintainability and Merit on that date”, TN’s counsel Yogesh Khanna told Economic Times.
After one month of the closure of the factory, Vedanta approached the NGT demanding relief. Vedanta oppugned the closure order, requested for interim relief by seeking access to the administrative block, IT server room, record room and fire office.
The NGT had recently granted the access, on the condition that the factory does not resume production-related activity, which was to be ensured by the Thoothukudi District Magistrate.
The Tamil Nadu government moved the apex court asking for a stay on the proceedings at the National Green Tribunal on the grounds that petition was ‘not maintainable’, reported ET
The petition filed by the state government said, “Because the Hon’ble NGT failed to note that its jurisdiction to entertain an original petition or appeal under Section 14 and Section 16 of the NGT Act 2010 respectively only pertains to civil disputes relating to Environment and not a policy decision taken by the State of Tamil Nadu under Article 48-A of the Constitution of India coupled with Section 18 (1) (b) of the Water Act, 1974.”