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The Supreme Court on Monday set aside the National Green Tribunal’s order to allow the reopening of Vedanta's Sterlite plant at Tuticorin in Tamil Nadu. The apex court bench headed by Justice RF Nariman and Naveen Sinha allowed Tamil Nadu's appeal against the National Green Tribunal (NGT) order on grounds of maintainability and ruled that the NGT had no jurisdictional authority to order reopening of the plant.
Tuticorin has been in the news for huge protests over pollution related concerns for many years and this is considered as a massive victory for the Tamil Nadu Government.
The Supreme Court held that the Vedanta Group-owned Sterlite plant had the liberty to approach the Madras High Court with its plea for reopening of the plant.
In the instant case, the court was listening to a plea filed by Vedanta seeking a direction to Tamil Nadu Pollution Control Board (TNPCB) to implement the order of the NGT setting aside the government's decision to permanently close the plant.
BACKGROUND OF THE CASE
In April last year, the Tamil Nadu State Pollution Control Board (PCB) had refused to renew the consent certificate for the operation of the plant for not complying with the prescribed conditions.
The Forests and Environment Department of the state government directed the plant to seal and permanently close its operation on May 28 last year. The National Green Tribunal (NGT) had on December 15, 2018, allowed reopening of Sterlite plant in the process of setting aside the decision of the Tamil Nadu government for the closure of the copper plant by describing it as "non-sustainable" and "unjustified". The order directed the Tamil Nadu Pollution Control Board to pass a new order for renewal of the consent certificate and the company was authorized to deal with hazardous substances. In its order, the NGT also directed the restoration of electricity for its operations.
The Tuticorin plant became the focus of controversy between May and June of last year, and local protests intensified against its operations. On May 22, 2018, at least 3 people including a 17-year-old student were killed and several injured when police opened fire on a group of nearly 20,000 protesters who were protesting against the environment pollution being caused in the area by the operation of the unit.
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