Case Note & Summary
The Supreme Court disposed of a batch of appeals arising from orders of the National Green Tribunal (NGT) concerning the closure of a copper smelter plant operated by Sterlite Industries (India) Ltd. (now Vedanta Ltd.) at Thoothukudi, Tamil Nadu. The Tamil Nadu Pollution Control Board (TNPCB) had issued closure orders under the Air Act and Water Act, and the State Government issued a direction under Section 18(1)(b) of the Water Act for permanent closure. The NGT set aside these orders, leading to appeals by the TNPCB and others. The Supreme Court examined the maintainability of a composite appeal before the NGT and held that the NGT has jurisdiction to entertain a single appeal challenging multiple orders under different environmental statutes. On merits, the Court found that the closure orders were passed without complying with principles of natural justice, as no notice or opportunity of hearing was given to the company. The Court also noted that the grounds cited were not sufficiently grave to justify permanent closure. The Court allowed the appeals in part, setting aside the NGT's order on maintainability but upholding its decision on merits, and directed that the matter be remanded to the appellate authority under the Water Act for fresh consideration after giving the company a hearing.
Headnote
A) Environmental Law - Maintainability of Composite Appeal - Section 16 of National Green Tribunal Act, 2010 - A composite appeal challenging multiple orders under different environmental statutes is maintainable before the NGT as the Tribunal has jurisdiction over all environmental matters - Held that the NGT correctly rejected the preliminary objection regarding maintainability (Paras 10-15). B) Environmental Law - Permanent Closure of Industrial Unit - Section 18(1)(b) of Water (Prevention and Control of Pollution) Act, 1974 - Government order directing permanent closure must comply with principles of natural justice and cannot be based on vague allegations - Held that the impugned orders were unsustainable as they were passed without notice or opportunity of hearing (Paras 16-20). C) Environmental Law - Validity of Closure Orders - Sections 31A of Air Act, 1981 and 33A of Water Act, 1974 - Closure orders must be proportionate and based on specific findings of violation - Held that the grounds mentioned in the orders were not grievous enough to justify permanent closure (Paras 21-25).
Issue of Consideration
Whether a composite appeal challenging multiple orders under different enactments is maintainable before the National Green Tribunal under Section 16 of the NGT Act, 2010, and whether the impugned closure orders were valid.
Final Decision
The Supreme Court allowed the appeals in part, holding that the composite appeal was maintainable before the NGT, but upheld the NGT's decision on merits that the closure orders were invalid for violating natural justice. The matter was remanded to the appellate authority under the Water Act for fresh consideration after hearing the company.
Law Points
- Maintainability of composite appeal under Section 16 of NGT Act
- 2010
- Principles of natural justice
- Scope of Section 18(1)(b) of Water Act
- 1974
- Validity of permanent closure orders
