Vaiko filed an appeal against sterlite

#MDMK General Secretary Mr. Vaiko filed Appeals Before the Supreme Court of India against M/s Sterlite Industry 

Mr. #Vaiko, General Secretary of Marumalarchi Dravida Munnetra Kazhagam filed Civil Appeal before the Supreme Court of India against the order of the National Green Tribunal. New Delhi. By its Order dared 08-08-2013 the National Green Tribunal, New Delhi allowed the appeals preferred by the Sterlite Industry, Thoothukudi against the directions of the Tamilnadu Pollution Control Board darted 29-02-2013 for the closure of the industry consequent to the emission of Sulphur Di Oxide on 23.03.2013. 

In his appeal Mr. Vaiko raised the following substantial Questions of Law.

1. Whether in the absence of any order made by the appellate authority under section 31 of the Air (Prevention and Control of Pollution) Act, 1981 an appeal under section 31B of the Air (Prevention and Control of Pollution) Act, 1981 is maintainable before the National Green Tribunal ?

2. Whether the National Green Tribunal can exercise jurisdiction notwithstanding that the State Appellate Authority constituted under section 31 of the National Green Tribunal Act, 2010 fully functional on and from 06-05-2013 when the Air Act specifically confers jurisdiction against an order or decision of TNPCB before the Appellate Authority under section 31 of the Air (Prevention and Control of Pollution) Act,1981

3. Whether the Chairman in the absence of Expert Member could function as the appellate authority under section 31 of the Air (Prevention and Control of Pollution) Act, 1981, 

4. Whether the Industry, when section 37 of the Air (Prevention and Control of Pollution) Act, 1981 provide penal action against an Industry for the failure to comply with the direction issued under section 31 of the Air (Prevention and Control of Pollution) Act, 1981, raise a dispute under section 14 of the National Green Tribunal Act, 2010 by treating the order made under section 31 of Air (Prevention and Control of Pollution) Act, 1981 as civil nature?

5 Whether the Principal Bench of the National Tribunal have the authority to withdraw an appeal pending

before the another Bench notified by the Government specifying ordinary place of sitting and territorial jurisdiction.?

6. Whether the Chairperson of the Principal Bench of the National Green Tribunal have the administrative authority to withdraw the matter pending before another Bench of the National Green Tribunal without prior notice to the parties to the litigation? 

7. Whether the National Green Tribunal being a creature of the statute namely the National Green Tribunal Act, 2010 and as such is justified in exercising the authority as under Article 226 or 136 of the Constitution of India.?

8. Whether the National Green Tribunal is justified in interfering with the order of the statutory authority, TNPCB, empowered under law to prevent adverse environmental effects of the industry.?

9. Whether the order of the Principal Bench of the National Green Tribunal directing the Special Expert Committee to supervise and oversee manufacturing processes and industrial activity of the Sterlite Industry and submit the report to the NGT, Principal Bench would not amount to prefectural retention of the appeals and thereby curtailing the authority of the Statutory function of the Tamil nadu Pollution Control Board.?

The Civil Appeal filed by Mr. Vaiko is likely taken up for hearing by the Supreme Court of India soon.

‘Thayagam’                                                                              Head Quarters,

Chennai - 600 008                                       Marumalarchi Dravida Munnetra Kazhagam

11.09.2013