Tamil Nadu government moved the supreme court against the order of National Green Tribunal(NGT) to reopen the Sterlite copper plant, as it was ordered to be closed due to ground water pollution.
The appeal filed by the State through advocate M. Yogesh Kanna 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”.
Instead, the tribunal, on December 15 order, chose to direct 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 State argued that the tribunal went outside the four walls of the statute governing its functions to appoint a committee led by former High Court Chief Justice Tarun Aggarwala to prepare a report in the case. It said the NGT was not a constitutional court like the Supreme Court to employ unbridled powers to constitute a committee like that.
The committee, having been formed, failed to consider any of the contentions as well as documents while preparing its report. The NGT had in turn relied on the committee report.
“The scientific material and the analysis report on water and air pollution have not even been set out or considered. Thus, effectively the NGT assumed a non-existent jurisdiction but having done so, failed to exercise it by considering the facts and evidence while arriving at findings. There are no reasons but mere conclusions in the impugned order. It is unfortunate that the NGT has not bestowed adequate and serious consideration of the environmental pollution caused by the respondent’s [Vedanta] unit,” Tamil Nadu argued.
The State contended that Vedanta had not been complying with pollution norms and the situation had severely deteriorated since 1996. “Far from taking precautionary steps, the unit has wilfully flouted the norms and caused the present appalling situation where the ground water contains TDS more than 20 to 40 times the permissible limit,” it said.
The appeal questioned the manner in which Vedanta approached the NGT directly when the statutory appeal against the TNPCB order to shut down the plant was pending adjudication before the appellate authority. It argued that Vedanta's move to come to the NGT amounted to “forum-shopping”.
Besides, the appeal 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.