NEW DELHI: The Tamil Nadu government has been punching the air since ordering the “permanent closure” of Sterlite Copper smelter in Tuticorin on Monday, however felony mavens say the grounds of the order are so susceptible that the corporate may challenge it.
After 100 days of protests and two days of firing that claimed 13 lives last week, the government closed down the unit citing article 48-A of the Constitution, which offers with coverage and development of setting, and a section of the Water Act which provides powers to the state government to make a path to the air pollution control board.
Advocate Ritwick Dutta who specialises in setting legislation, said, “If the air pollution control board or the government is directing for closure, explicit violations of the Air Act, Water Act and Environment Protection Act need to be cited. The order must be based on sound reasoning and state what the legal responsibility of the corporate as they've to clean up the mess.”
Tamil Nadu Pollution Control Board (TNPCB) can ask the Centre to revoke the environmental clearance given to the plant to make it tricky for the corporate to visit courtroom. The government too can report civil court cases in NGT and felony court cases in an ordeal courtroom. The steady air and water high quality data must be in public area and TNPCB must be capable of provide its case.
“TNPCB must provide the entire evidence, and there is enough evidence,” he said. TNPCB discovered violations by the plant on a number of occasions, however didn't reason why its choice within the NGT. Now, the case is weaker for the reason that Tamil Nadu government hasn’t cited current air pollution ranges or explicit violations in its closure order.
After 100 days of protests and two days of firing that claimed 13 lives last week, the government closed down the unit citing article 48-A of the Constitution, which offers with coverage and development of setting, and a section of the Water Act which provides powers to the state government to make a path to the air pollution control board.
Advocate Ritwick Dutta who specialises in setting legislation, said, “If the air pollution control board or the government is directing for closure, explicit violations of the Air Act, Water Act and Environment Protection Act need to be cited. The order must be based on sound reasoning and state what the legal responsibility of the corporate as they've to clean up the mess.”
Tamil Nadu Pollution Control Board (TNPCB) can ask the Centre to revoke the environmental clearance given to the plant to make it tricky for the corporate to visit courtroom. The government too can report civil court cases in NGT and felony court cases in an ordeal courtroom. The steady air and water high quality data must be in public area and TNPCB must be capable of provide its case.
“TNPCB must provide the entire evidence, and there is enough evidence,” he said. TNPCB discovered violations by the plant on a number of occasions, however didn't reason why its choice within the NGT. Now, the case is weaker for the reason that Tamil Nadu government hasn’t cited current air pollution ranges or explicit violations in its closure order.
TN govt’s Sterlite closure order on shaky ground
![TN govt’s Sterlite closure order on shaky ground]()
Reviewed by Kailash
on
May 31, 2018
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