Tamil Nadu moves Supreme Court against NGT order in Sterlite plant case

The Tamil Nadu government has approached the Supreme Court, challenging the National Green Tribunal (NGT)'s order permitting the Sterlite management access to a section of its copper smelter in Thoothukudi. 

In May, 13 people were killed in police firing after violence erupted during protests by locals, who cited environmental issues. The state later issued an order for the "permanent closure" of the Sterlite copper smelter. The company, for its part, moved the NGT to challenge the order.

The state is taking the stand that the petition before the NGT is not maintainable, said Vijay Narayan, Tamil Nadu's Advocate General.

The development came a day after Tamil Nadu Chief Minister K Palaniswami chaired a meeting of ministers and officials to discuss the course of action.

"Application before NGT is not maintainable because it is a tribunal created under a statute, namely the National Green Tribunal Act," Narayan said.

"The tribunal, being a creation of statute, is bound by the terms of that statute and therefore it does not have the jurisdiction to entertain the case. If the tribunal does not have the jurisdiction, it does not have the jurisdiction to issue the order," he said, commenting on Sterlite getting access to the administrative block. 

The NGT on August 9 ordered access to the company officials to the administrative block located on the plant's premises.