National Green Tribunal
Gajendra Singh Rajpoot vs State Of Madhya Pradesh Through ... on 16 September, 2025
Item No.01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.78/2025(CZ)
IN THE MATTER OF:
Gajendra Rajpoot,
S/o Shri Bharat Singh Rajpoot
State Head at Sadhna News
Office at: zed news (sadhnanews.com)
Ward no. 12, Khare Mohalla, Niwari,
Tikamgarh, Permanent R/o D-103, Rewa City,
Narmadapuram (MP),
Applicant(s)
Versus
1. State of Madhya Pradesh,
Through District Collector
Tikamgarh Composite Collectorate
Building, Tikamgarh,
Madhya Pradesh, Respondent No.01
2. Chief Executive Officer,
ZILA PANCHAYAT, TIKAMGARH
(MP) Respondent No.02
3. District Mining Officer, Composite
Collectorate Building, Tikamgarh,
Madhya Pradesh, Respondent No.03
4. Central Pollution Control Board,
Through the Zonal Director,
E-5, Arera Colony, Paryavaran
Parisar, Bhopal (Mp) -462016 Respondent No.04
5. M/s. Lalitpur Power Generation
Co. Ltd., through Chairman Shri
Kushagra Bajaj Mirchwara and
Burgaon, Village - Tehsil - Mahroni,
Lalitpur (UP), Respondent No.5
6. M/S. Veer Associates,
(C/O M/S. Lalitpur Power
generation CO. LTD.)
Having Office AT:: L-702, Regal
Paradise, Phase-1, Awadhpuri, Respondent No.6
Bhopal (MP)
1
O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
COUNSELS FOR APPLICANT(S):
Mr. Rohit Sharma, Adv,
COUNSELS FOR RESPONDENT(S):
Mr. Uday N. Tiwary, Adv. &
Mr. Sanjeev Singh, Adv. &
Mr. Yashveer Singh, Adv. for R-5
Mr. Manav Tanwani, Adv. for R-6
Mr. Yadvenra Yadav, Adv. for CPCB
Ms. Parul Bhadoria, Adv. for MPPCB
Mr. Prashant M. Harne, Adv. for State of MP
CORAM:
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER
Date of completion of hearing and reserving of order : 10.09.2025
Date of uploading of order on website : 16.09.2025
JUDGMENT
1. This Original Application has been filed under Section 14 and 15 of National Green Tribunal Act, 2010, against the illegal dumping of fly ash by Respondent No. 5/ M/s Lalitpur Power Generation Co. Ltd. located merely 25-30 km. from the Tikamgarh, Madhya Pradesh, which has led to soil pollution, air pollution, water pollution, and other environmental hazards. It is further contended that Respondent No. 5 has engaged local contractor i.e. Respondent No.6, who has been dumping fly ash openly, thereby posing serious environmental and health risks, including soil degradation, groundwater contamination, air pollution, and adverse impacts on the local ecosystem. That the actions of Respondent No.5 are in blatant violation of the guidelines issued for the disposal of fly ash. To the utter shock and surprise of the Petitioner, it was also discovered that 2 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. the Consent obtained by Respondent No.5 from the Pollution Control Board pertains only to the reclamation of a low-lying area by filling ash up to 50,O00 MT at Khasra No. 4O8/ 1, Village Semarkhera, Tehsil Mohangarh, District Tikamgarh. However, contrary to the said Consent, fly ash is being indiscriminately dumped at multiple unauthorized locations, including Government school premises.
2. The matter was taken up by the Tribunal and notices were issued to the Respondents to submit the reply. In response, reply has been filed by the Project Proponent.
3. The Tribunal has constituted a Committee of the representative(s) of the Central Pollution Control Board and the State Pollution Control Board with direction to submit the factual and action taken report. Accordingly, the report has been filed.
4. Heard learned counsel for the Applicant as well as the learned counsel for the State, State PCB and the Project Proponent.
5. The submission of the learned counsel for the Applicant is that the Applicant visited in the Tikamgarh District and during recent visit, the Petitioner/Applicant, while interacting with local residents, came across multiple large heaps of fly ash dumped in open areas across several villages and the fly ash was visibly affecting the soil, air, and surrounding vegetation, and many villagers reported cases of respiratory problems and water contamination, particularly in Sujanpura, Neemkhera, Nargunda, and Mamon. It is stated that the Petitioner/Applicant discovered that the fly ash was allegedly being dumped by Lalitpur Power Generation Company Ltd. (Respondent No.5 herein), whose Thermal Power Plant is located approximately 25-30 kilometers from Tikamgarh. It was also revealed that the project proponent had appointed local contractor i.e. Respondent No. 6 to carry out the disposal of fly ash. Apparently 3 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. Respondent No. 5 and 6 are dumping fly ash indiscriminately even in government school premises and residential areas -- without adherence to guidelines issued by Central Pollution Control Board.
6. Grievance of the Applicant are that due to open disposal of fly ash, a byproduct of coal combustion, poses significant environmental and health risks which can contaminate air, water, and soil, potentially leading to respiratory problems, heart disease, cancer, and other health issues. The heavy metals in fly ash can leach into groundwater, impacting drinking water and aquatic ecosystems. It is stated that the Project Proponent in the instant case is disposing of fly ash at various locations without due permission, and as a matter of fact, Consent has been obtained only for the disposal of fly ash at Khasra No. 408/1, Village Semarkhera, Tehsil -
Mohangarh, District Tikamgarh. However, fly ash heaps have been found in various other villages, including the khasras of Sujanpura, Neemkhera, Nargunda, and Mamon, and the guidelines issued by the Central Pollution Control Board for disposing of fly ash for reclamation of low-lying areas and in backfilling of abandoned mines are being completely violated by the Project Proponent.
7. The submissions of the learned counsel for the Respondent No.5, M/s Lalitpur Power Generation Co. Ltd., are that in the year 2009, the Government of Uttar Pradesh, declared Energy Policy 2009, inter alia envisaging development of Independent Power Plants in order to set up/create the required power generation capacity, for meeting out the power demands of the State of Uttar Pradesh and in furtherance of the said Policy, the State nominated agency, namely, Uttar Pradesh Power Corporation Limited (hereinafter referred to as "UPPCL") identified the sites in District Lalitpur for setting up of 3X660 MW Thermal Power Plant namely Lalitpur Power Generation Company Limited. It is stated that on 4 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. 10.12.2010, Respondent No.5/LPGCL, entered into a Power Purchase Agreement with procurers identified by UP Power Corporation Limited and on 31.03.2011, the Ministry of Environment and Forest granted Environment Clearance to the Appellant for setting-up 3 X 660 MW Imported Coal Based Thermal Power Plants at Villages - Mirchwara, Buraugaon and Mahroni Tehsil, in Lalitpur District, Uttar Pradesh. It is stated that The Ministry of Environment and Forest further issued two amended ECs dated 20.05.2014 and 30.05.2016 to the Respondent No. 5/LPGCL for setting up the aforesaid Power Projects.
8. It is further argued that the first unit was commissioned in the year 2015, and thereafter the second and third units were subsequently commissioned in the year 2016 and since then the Plant with all three units of the Respondent No. 5/LPGCL are in continuous operation. It is stated that the Respondent No. 5/ LPGCL is a Supercritical Thermal Power Plant of our country equipped with modern technologies and advanced automatic monitoring & control, including high-efficiency Electrostatic Precipitator (ESP) to collect fly ash generated because of the burning of coal, to help the country reduce its carbon footprint and it is also among the most efficient & reliable thermal power plants of our country having its major plant and machinery from reputed indigenous OEMs like BHEL/ Siemens/ L&T etc. and the full capacity of the Plant is 3X660 MW i.e. 1980 MW and works on supercritical technology with high efficiency to consume less coal for the production of one unit of electricity, hence lowers the specific CO2 emission. It is further stated that the Respondent No.5 /LPGCL is placed among one of the best in the country for its most reliable and efficient operation and this fact has been affirmed by UPPCL as well. It is also stated that at units of the Respondent No.5/LPGCL in the process of power generation, indigenous coal is burned 5 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. leading to the generation of ash and this generated ash has two fractions based on the particle size. The finer ash particle is known as fly ash, and the coarser particle is called bottom ash and the fly ash is collected in dry form using high-efficiency state-of-the-art Electrostatic Precipitators (in short, ESPs), from where it is transferred pneumatically (using air) to the collection siloes. From siloes, fly ash is dispatched through rail rakes and bulkers for its gainful utilization in the cement industry, such as Portland Pozzolana Cement or other usages like Ready Mix Concrete (RMCs) and fly ash brick plants and whereas the bottom ash collected at the bottom ash hopper located at the base of the boiler furnace, along with the unused fly ash, if any, is sent to ash ponds in wet slurry mode for their temporary storage.
9. It is also stated that the ash stored in the ash ponds is further utilized in low-lying area reclamation, road construction, filling, and other activities.
That the Central Pollution Control Board has already framed a detailed guideline for the utilization of ash in the reclamation of low-lying areas, which was published by the Ministry of Environment, Forests, and Climate Change (MoEF & CC) in its Office Memorandum dated 28.08.2019. That the Respondent No. 5/LPGCL is following the guidelines issued by the MoEF & CC, as stated, for the utilization of ash stored in the ponds for the reclamation of low-lying areas. The process includes obtaining a request letter from the land owner, framing an agreement between the owner and LPGCL, obtaining an NOC from the State Pollution Control Board, transportation of ash from the pond to the low lying area using covered trucks, filling the low lying area with ash, land levelling, soil capping at the top of the ash, and proper compaction for the further gainful utilization of reclaimed land in agriculture or other activities. It is stated that the utilization of fly ash at LPGCL is undertaken in accordance 6 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. with the notifications issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC), as amended from time to time and the Plant has achieved 100% fly ash utilization commencing from its fourth year of operation, in compliance with the stipulated timelines prescribed under the relevant regulatory framework. It is further stated that no legacy fly ash is stockpiled or stored on site, and the entirety of the fly ash generated is being utilized through environmentally compliant methods, including for purposes such as construction material, land reclamation, and infrastructure development, as permitted under the applicable norms.
10. It is further argued that there is no dust emission from the Power Plant of LPGCL and the plant has made robust arrangements for the control of dust emissions/Fly Ash emission and disposal. The state-of-the-art technologies and the measures taken by the Respondent No. 5/ LPGCL to ensure dust emission control from its units are elaborated as under:-
"a. Installation of state-of-the-art high efficiency Electrostatic Precipitators (ESPs) for the control of Particulate Matter from the stack of all the units, b. Installation of 275 mt high tri-flue stack for the better dispersion of emissions, c. A closed pipeline-based ash conveying system for the transportation of ash from ESP to the ash silo and also to the ash pond, d. Bag filters are installed at the ash siloes to control fugitive emission during the ash loading and unloading, e. Dry ash from the silo is transported through the bulkers to be used in cement industries, f. Conditioned ash (with 6-8% moisture) is transported through the covered vehicles to a required temporary transit site near the rail siding within the plant premises and then loaded in a controlled manner to the rail rakes, g. Rail rakes are further covered with tarpaulin and then transported for its different usages.7
O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
h. Moisture is always maintained in the ash, which is stored temporarily at the railway siding area to avoid its fugitive emission, if any.
i. Dry Fog Dust Suppression System (DFDS) at dust prone areas. j. Thorough cleaning of all the wagons before its further use for ash handling. k. Provision of a settling pond for the removal of suspended solids from wastewater.
l. Green curtains are installed in dust prone area for restricting the dispersion of any fugitive emissions during loading and unloading activities.
m. Installation of water-based dust suppression systems at dust prone areas.
n. A plantation is also carried out within and also at the periphery of the LPGCL plant premises to work as the greenbelt to curb emissions, if any from the power plant.
o. It is also pertinent to mention that the regular cleaning of ash spillage, if any, and water sprinkling on the roads used when ash transportations are performed."
11. It is further stated that ash being used for the reclamation of referred low lying areas at the Tikamgarh is purely the bottom ash, temporarily stored in the pond with coarser particles and having approx. 20% moisture and further the transportation of bottom ash up to the sites of low-lying areas was done using covered trucks and immediately after the filling of low-
lying areas, the bottom ash is levelled and soil capped. Hence, considering the ash particle size, moisture in it and immediate closure of the site, the chances of any dust emission, either during transportation or low-lying area reclamation is not possible. It is stated that apart from the aforesaid robust dust control arrangements, vigorous environmental monitoring arrangements are part of Respondent No. 5/LPGCL's environmental management program. It is also stated that the monitoring of ambient air in and around the Power Plant premises at locations fixed in consultation with the State Pollution Control Board also at all the flues of tri-flue stack connected to each unit is carried out by the third-party agency approved 8 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. by the Ministry of Environment, Forest and Climate Change (MoEF & CC) and accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABL) and that the monitoring reports are being submitted to the statutory authorities on a regular basis and as per the report, the results of the Particulate matter, either in ambient air or in stack, have never crossed the permissible limits fixed by the Central Pollution Control Board (CPCB). It is stated that this air and water monitoring is also continued around the low-lying sites under reclamation and the monitored values were found well below the permissible limits. In addition to the same, the Continuous Ambient Air Quality Monitoring Stations (CAAQMS) are also installed at four locations covering upwind, downwind and crosswind directions, and also the Continuous Emission Monitoring Systems (CEMS) are installed in all the flues of tri-flue stack connected to each unit and these Continuous Monitoring Systems capture air quality/emission data to be demonstrated on a real time basis. The data is also connected to the server of CPCB and UPPCB to monitor results on a continuous real time basis and that no deviation has been noticed by the Respondent No. 5/LPGCL in the results as compared to the standards set by the CPCB.
12. So far as the allegations with regard to the impact of dust emission near reclamation sites on respiratory or other health related issues on the human being are concerned, it is stated that the Respondent No. 5/LPGCL has got a highly qualified medical team led by Retd. Lt. Colonel as Chief Medical Officer, who carry out medical examination periodically of workers working at the Power Plant, and till date no occupational disease is observed by them. Further, the Respondent No.5/LPGCL had recently consulted the office of the Chief Medical Officer of District Tikamgarh to see any occupation disease risk of ash disposal on the villagers and 9 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. inhabitants nearby the villages where the lands were reclaimed and as per the letter issued by the Chief Medical Officer, Tikamgarh (CMO) office dated 07.08.2025 there is no risk of any infection or occupational/ communicable diseases to the community residing near the reclamation sites in Tikamgarh and Even the impact of ash disposal on animal or fishes was checked by the Animal Husbandry Department and Department of Fisheries, Tikamgarh and as per the letters issued by them, they have also not noticed any adverse impact of land reclamations on the same. Therefore, the apprehension and the allegation of the Applicant with regard to the human health related issues because of the Power Plant operation is incorrect and lacks material particulars to substantiate the same.
13. With regard to the fugitive and other dust generated, as mentioned earlier, it is stated that adequate arrangements are already in place for the control of any fugitive/other dust generation from the LPGCL Plant, which are also coupled with the robust environmental monitoring arrangements resulting in the emissions, if any well within the permissible limits.
Therefore, there is no effect of dust on public life, which is also concurred through the letter issued by the office of Chief Medical Officer, Tikamgarh.
14. It is further argued that the Respondent No. 5, LPGCL, has engaged the services of Respondent No. 6, M/s Veer Associate, for lifting bottom ash, but not fly ash, from the ash pond and utilizing it for the reclamation of low-lying areas in District Tikamgarh, Madhya Pradesh, with the objective of rendering them suitable for other gainful uses not for 'dumping of fly ash,' as alleged by the Applicant in the Original Application and the Respondent No. 5/LPGCL also executed a Purchase Order for Services dated 03.01.2025 in favour of Respondent No. 6 which clearly mandates in 'General Term and Condition" that the bottom ash is specifically to be 10 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. used for gainful purposes like - reclamation. It is further stated that the utilization of bottom ash by the Respondent No.5/ LPGCL is undertaken in accordance with the notifications and regulatory frameworks issued by the Ministry of Environment, Forest and Climate Change (MoEF&CC) and other statutory bodies, as amended from time to time and the same are being enumerated below:-
A. MoEF & CC notification dated 14.09.1999, to conserve the precious soil resources being used, provides for use of fly ash as land fill to reclaim low lying areas (Para 3 thereof).
B. MoEF&CC notification dated 28.07.2003 prohibits any agency, person or organisation within a radius of 100 KMs of Thermal Power Plant from reclaiming and compacting low lying area with soil. It specifically directs that only pond ash shall be used for compaction (Para 2(g) thereof).
C. MoEF&CC notification dated 03.11.2009 provides "no agency, person or organisation shall within a radius of 100 km of a coal or lignite based TPP shall undertake or approve or allow reclamation and compaction of low-lying areas with soil; only fly ash shall be used for compaction and reclamation..." (emphasis Supplied. D. NTPC ash policy dated 10.03.2015 laid down a framework at Para 14.5 read with Annexure- E and Annexure- 1 and Appendix-1. The said framework laid down the manner and method in which the low-
lying area was required to be reclaimed /developed using fly ash. E. That CPCB guidelines for disposal/utilization of fly ash dated March, 2019 prescribed a very exhaustive manner (Para 5 thereof) in which the fly ash would be used for reclamation of low-lying areas. F. MoEF&CC notification dated 28.08.2019 gave a background of all the earlier fly ash notification issued by MoEF&CC. It also noted that now the guidelines for disposal of fly ash in reclamation of low-lying areas and mines has been prepared by CPCB. The notification further recorded that "...the Ministry hereby stipulates the following condition in the existing environmental clearances of TPP and coal mines which have valid EC accorded by the Ministry/SEIAA, that will replace the existing conditions (specific and general) which prohibited the use of fly ash in abandoned mines, low-lying areas, soil conditioner in agriculture.
11O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
...i to xiii..."
G. MoEF&CC notification dated 28.08.2019 thus, subsumed all the earlier notifications and the EC conditions and approved the guidelines prepared by CPCB for disposal of fly ash in reclamation of low-lying areas.
H. MoEF&CC notification dated 31.12.2021 were issued with an intent to "conserve top soil and natural resources by promoting utilisation of ash in road laying, road and flyover embankments, shoreline protection measures, low lying areas of approved projects, backfilling of mines, as an alternative for filling of earthen materials"; It may be noted that Serial No. A of the notification dated 31.12.2021 stipulates the responsibilities of thermal power plant to dispose fly ash and bottom ash and the same are being enumerated below for the convenience of this Hon'ble Tribunal:
A. Responsibilities of thermal power plants to dispose fly ash and bottom ash.
(1) Every coal or lignite based thermal power plant (including captive or co-generating stations or both) shall be primarily responsible to ensure 100 per cent utilisation of ash (fly ash, and bottom ash) generated by it in an ecofriendly manner as given in sub-paragraph (2); (2) The ash generated from coal or lignite based thermal power plants shall be utilised only for the following ecofriendly purposes, namely:-
(i) Fly ash based products viz. bricks, blocks, tiles, fibre cement sheets, pipes, boards, panels;
(ii) Cement manufacturing, ready mix concrete;
(iii) Construction of road and fly over embankment, Ash and Geo-polymer based construction material;
(iv) Construction of dam;
(v) Filling up of low lying area;
(vi) Filling of mine voids;
(vii) Manufacturing of sintered or cold bonded ash aggregate;
(viii) Agriculture in a controlled manner based on soil testing;
(ix) Construction of shoreline protection structures in coastal districts;
(x) Export of ash to other countries;12
O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
(xi) Any other eco-friendly purpose as notified from time to time."
15. It is further stated that the bottom ash from the dyke, loaded on the trucks for transportation to the reclamation site contains around 20% of moisture and during transportation all the trucks are covered and immediately after the unloading of the required quantity of bottom ash at the site being reclaimed, it is levelled, covered with soil and then compacted using rollers. It is further stated that the bottom ash is having coarser particles, hence the chances of it being air-born to cause any adverse impact flora and fauna is not possible, however, as a precautionary measure, regular water sprinkling on roads and at site of ash disposal is also being done, so that at any point of time or by any means, the ash should not come in the contact of any flora and fauna community. Therefore, the allegations made with respect to the contamination of soil, air, water and complaints of respiratory problems in the referred villages are totally baseless and devoid of any material evidence.
16. It is further argued that this successful reclamation of low-lying areas by the Respondent No. 5/LPGCL in the District-Lalitpur (UP), saving excavation of top fertile soil, which otherwise would have been used for these reclamations and these reclamation practices are permitted and verified by UP Pollution Control Board and were noted satisfactory by the Hon'ble National Green Tribunal, Principal Bench in O.A. No. 725 of 2022 wherein, the Respondent No.5/LPGCL was arrayed as Respondent No. 2, the Hon'ble Tribunal was pleased to held:-
"...30. In the above facts and circumstances, it is evident from above discussions that with regard to disposal of fly ash on the part of respondent 2, presently no apparent violation either of the relevant Government Notifications issued by MoEF&CC for disposal of fly ash 13 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
is demonstrable nor any other violation of Consent or EC conditions or guidelines of CPCB etc. is evident..."
17. It is further stated that the low-lying areas which have been reclaimed by utilization of bottom ash are the low-lying areas/voids or villagers owned lands and required to be filled and levelled on the individual request of the landowners or concerned authorities and the said requests for filing the voids or low-lying areas are taken on stamp paper from the landowners before starting the filling of these lands with ash and then its levelled and earth capped with a thick layer of fertile soil. It is also stated that the filling of ash in low lying areas is done by the Respondent No.5/LPGCL as per the procedures set by the Central Pollution Control Board and the procedures laid down by the CPCB for filling low lying area is as follows:-
Land identification for ash disposal/ request letter from beneficiary.
Consent letter from Gram Pradhan (if required) Agreement between the beneficiary and the ash disposal agency.
Obtaining NOC from State Pollution Control Boards.
Ash filing in low lying area.
Then soil capping and compaction of the filled area.
18. It is further stated that that the Respondent No. 5 through the Respondent No.6, prior to initiating the process of land reclamation, had obtained Consent to Establish (CTE) and Consolidated Consent Authorizations (CCA) for Village Semarkheda (Khasra Nos. 408/1 and 20/1) and Village Kesarmadh (Khasra No. 190) from the Madhya Pradesh Pollution Control Board. It is, however, stated that if the geocoordinates of the photographs annexed at Annexure P/3 by the Applicant are read in conjunction with the CTEs and CCAs issued to Respondent No. 6, it can be clearly discerned that Respondent No.5 had already obtained the 14 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. requisite consents from the statutory authority. It is also stated that the Respondent No. 5/LPGCL had sought permission from the Respondent with regards to reclamation of the low-lying areas not 'dumping' of fly ash and it is further reiterated that the reclamation of low lying areas is done by the Respondent No.5/LPGCL as per the procedures set by the Central Pollution Control Board Respondent and in strict adherence to the environmental norms and that the Respondent No.5/LPGCL is compliant to each and every environmental norm and the reclamation of low-lying areas is being carried out as per the guidelines for disposal of fly ash in reclamation of low-lying areas and mines prepared by CPCB with prior consent from Madhya Pradesh Pollution Control Board.
19. It is further argued that the representation and complaint preferred by certain villagers concerning the disposal of fly ash by Respondent No.5/LPGCL appear to be motivated by extraneous considerations and are premised solely on unsubstantiated allegations, with no supporting documents or evidence to validate the claims made and the Respondent No.5/LPGCL has adhered strictly to all applicable environmental norms and guidelines. No deviation from regulatory compliance has been occasioned. It is further stated that the areas referred to do not fall within any of the Ecologically Sensitive Zones notified by the MoEF & CC and these low-lying lands comprise undulated shallow ditches that were unsuitable for plantation, water storage, cattle grazing, or other productive activities. Only after the visit of officials on these non-arable sites and based on their assessment, a written request was submitted for reclamation of the said lands. It is stated that these waste sites are now being transformed into productive and usable areas through proper reclamation using bottom ash. Bottom ash has been disposed of strictly in 15 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. areas where requisite permissions from the MPPCB have already been granted.
20. It is further argued that the Respondent No. 5/LPGCL has recently got tests conducted with regards to presence of heavy metals in fly ash and bottom ash through Laboratories accredited by the National Accreditation Board for Testing and Calibration Laboratories (NABL) wherein, no presence of heavy metals has been reported. The MoEF & CC, vide its notification dated 31.12.2021, Para A(2)(v) & (vi), has directed the gainful utilization of fly ash for filling low-lying and void mine areas. It is stated that the ash generated during the process of power generation is neither hazardous nor toxic. Nonetheless, during the disposal process, due care has been taken to ensure that the ash does not mix with any water body or disperse into the air in a manner that could cause adverse environmental impact which is also evident from the report that either the heavy metals in the bottom ash are not present or their concentration, particularly of lead (Pb), in ash is much lesser than their concentration in soil, negating any adverse impact. It is further stated that the disposal of ash has been carried out strictly in accordance with the CPCB guidelines issued vide Office Memorandum dated 28.08.2019. No instance has been reported indicating any adverse impact of ash on local flora and fauna and to assess the actual conditions, soil and groundwater testing of the disposal area has been undertaken. Therefore, the allegations relating to unexplained respiratory illnesses among children and elderly residents are wholly unfounded and unsupported by any verifiable facts on record.
21. It is, however, stated that Reclamation of low-lying areas has been undertaken strictly while following CPCB guidelines and covered appropriately with a layer of soil to render the land suitable for future productive use and as such there is no physical contact between the 16 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. bottom ash used for reclamation and any natural drainage or water bodies and the allegations concerning choking of agricultural fields and siltation of ponds and low-lying water bodies are entirely baseless and devoid of any factual foundation. It is also stated that the utilization of fly ash by the Respondent No.5/ LPGCL is being carried out strictly in adherence with the provisions of the MoEF & CC notification dated 31.12.2021 and from the fourth year of operation of the Plant, 100% of the fly ash generated is being gainfully utilized, and no legacy ash remains stored on-
site. It is stated that the fly ash is systematically utilized in cement manufacturing, brick production, and Ready-Mix Concrete (RMC) plants, while the remaining bottom ash is being used for reclamation of low-lying areas in accordance with applicable regulatory norms.
22. It is argued that no demonstrable health hazard has arisen from the eco-
friendly disposal of bottom ash in low-lying areas, a practice ex facie recommended by the MoEF&CC vide notification dated 31.12.2021 and the reclamation activities have been undertaken stricto sensu in accordance with the guidelines prescribed by the Central Pollution Control Board (CPCB) for low-lying area filling. It is stated that there exists no breach of the procedural or substantive norms enumerated under the MoEF & CC Office Memorandum dated 28.08.2019; all reclamation operations have been executed bona fide and intra vires of the said regulatory framework. Moreover, the references to bioaccumulation and biomagnification tests in the said memorandum are non sequitur in the context of low-lying area reclamation and pertain solely to stowing operations in abandoned mines activities governed ex officio by the Director General of Mines Safety (DGMS) and, therefore, an unproven allegation must not be permitted to impede lawful reclamation conducted de jure by the Respondent No.5/LPGCL.
17O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
23. The learned counsel for the State PCB has argued that the Central Pollution Control Board in March, 2019, has issued guidelines for disposal/utilization of fly ash for reclamation of low lying aeras and in stowing of Abandoned mines/Quarries. The relevant provisions are enumerated as follows:-
"Guidelines for disposal/utilisation of flyash for reclamation of Low Lying Areas and in stowing of Abandoned mines/Quarries 1.0 Introduction:
Management of huge quantity of ash (fly ash, bottom ash and pond ash) generated from coal fired Thermal Power Plants (TPPs) is a serious environmental challenge. Ash generation from coal or lignite based thermal power plants, has increased from 40 Million tonne per year in 1993-94, to more than 200 Million tonne per year in 2017-18 and is projected to increase to 275 Million Tons / year by 2032.
The ash generation in coal and lignite based thermal power plants in various forms such as dry ash, bottom ash, pond ash and mound ash that are required to be managed in such a manner that it does not affect the environment. Utilisation of ash for reclamation of low lying areas and abandoned quarries is recognised as an alternate option and therefore, MoEF&CC has issued a notification to address utilisation off ash for various purposes including these two options. The Ministry of Environment, Forest and Climate Change (MoEF&CC) issued the Fly Ash notification on 14th September, 1999, which has subsequently been amended in 2003, 2009 and 2016. The Fly Ash notification (1999) mandates the use of fly ash for the purpose of manufacturing ash-based products such as cement, concrete blocks, bricks, panels or any other material and for construction of roads, embankments, dams or for any other construction activity within a radius of 300 km from thermal power stations (TPPs). Besides, it also mandates use of fly ash in mines backfilling or stowing of mines within a distance of 50 km. 2.0 Status of fly ash utilisation:
Since 1999 when flyash utilisation was made mandatory, the utilization of fly ash has increased from 6.64 million-ton in 1996-97 to 147.7 million-ton in 2017-18. Fly ash generation and utilization in 2017-18 from 182 coal/lignite based TPPs of various power utilities 18 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
in the country was 220.7 and 147.7 million-ton, respectively. The percentage of fly ash utilization during 2017-18 has been 66.9%. During 2017-18, out of total fly ash generation, 35.6 % of total fly ash was used in the cement sector, followed by 14.28 % in making bricks & tiles, 11.57 % stored in ash dyke raising, 7.99% in mine filling, 16.85 % in reclamation of low lying area, 5.43 % in roads & embankments, 1.34% in concrete making, 0.21 % in agriculture, 6.73 % in others and 33.1% remained as unutilized fly ash. Mine reclamation represents a potential beneficial use of flyash that has been receiving increased attention in recent years. Coal mining operations have produced both open pits and deep underground mine voids that can be filled by flyash. Placement of flyash into deep mines can provide structural support to abate subsidence, and placement of flyash in surface mines or other open pits can aid in restoring mined land to beneficial use. The use of flyash as mine backfill may provide the additional benefit of limiting impacts of acid mine drainage (AMD). Mostly flyashe is alkaline material that can neutralize acidic water and/or inhibit production of acid. Placement of fly ash may also reduce the permeability of mine strata and divert water away from acid-generating materials. Although flyash possess these beneficial physical and chemical properties, there are concerns regarding potential for release of toxic chemicals in the leachates from the fly ash. Therefore, scientifically sound fly ash management is needed so that environmental concerns can be adequately and reliably identified and addressed.
3.0 Need of Guidelines:
Ministry of Environment and Forests and Climate Change (MoEF&CC) vide Notification No. S.O. 763 (E) dated 14th September 1999, last amended on 25th January, 2016 issued following directions for reclamation low lying area and stowing of mines; i. No agency, person or organization shall within a radius of three hundred Kilometres of a coal or lignite based thermal power plant undertake or approve or allow reclamation and compaction of low-lying areas with soil; only ash shall be used for compaction and reclamation.
ii. Soil required for top or side covers of embankments of roads or flyovers shall be excavated from the embankment site and if it is not possible to do so, only the minimum quantity of soil required for the purpose shall be excavated from soil borrow area. In either case, the topsoil should be kept or stored 19 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
separately. Voids created at soil borrow area shall be filled up with fly ash with proper compaction and covered with topsoil kept separately as above and this would be done as an integral part of embankment project.
iii. No person or agency shall within fifty kilometers (by road) from coal or lignite based Thermal Power Plants, undertake or approve stowing of mine without using at least 25 % of fly ash on weight to weight basis, of the total stowing materials used and this shall be done under the guidance of the Director General of Mines Safety (DGMS).
iv. No person or agency shall within fifty kilometers (by road) from coal or lignite based Thermal Power Plants, undertake or approve external dump of mining Over Burden (OB) without using at least 25 % of ash on volume to volume basis of the total materials used for external dump of overburden and same percentage in upper benches of back filling of opencast mines and this shall be done under the guidance of the Director General of Mines Safety (DGMS);
v. All agencies undertaking construction of roads of flyover bridges and reclamation and compaction of low lying areas, including Department of Road Transport and Highways (DORTH), National Highways Authority of India (NHAI), Central Public Works Department (CPWD), State Public Works Department and other State Government Agencies, shall within a period of four months from the publication of this Notification "
make provisions in their tender documents, schedules of approved materials and rates as well as technical documents for implementation of this Notification, including those relating to soil borrow area or pit".
vi. The pond ash should be made available free of any charge as is as where basis to manufacturers of bricks, blocks, tiles including clay flyash bricks production manufacturer's units, farmers, central and the state road construction agencies, Public Works Department and to agencies engaged in backfilling or stowing of mines.
Though, flyash utilisation has gained momentum progressively over the years, further efforts are required to explore new areas of ash utilisation. With suitable safeguards, mine backfilling including disposal of flyash in abandoned quarries and road construction specially in the construction of National Highways and Expressways could be the major mode of flyash utilisation in the near future as 20 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
these areas have vast potential. It would perhaps be desirable that the concerned Ministries should take steps in sorting out the bottlenecks such as declaring a list of abandoned mines, making adequate provisions in respective schedules for flyash utilisation by the Indian Road Congress & construction agencies etc. MoEF & CC vide letter dated 01.03.2019 asked CPCB to come out with guidelines based on Odisha Pollution Control Board experience for reclamation of low lying areas and abandoned quarries with ash as recommended by the Expert Committee that was constituted by Niti Aayog vide O.M. No. 25 (11)/2014-Minerals dated 12.06.2018 for developing a focus strategy for best utilisation of fly ash to manufacture end products recommended.
The scope of guidelines covers transportation and disposal of flaysh in low lying areas and abandoned quarries in an environmentally friendly manner.
4.2 Guidelines for loading, unloading, storage, transportation of flyash The power plants need to maximise dry collection of fly ash & bottom ash and also adopt adequate measures to prevent fugitive dust emission during loading, unloading, storage, transportation and various uses of dry as well as ash bottom ash and pond ash. Following guidelines are, therefore, suggested for prevention of pollution and augmentation of flyash utilisation.
4.2.2 Loading, Unloading and Storage Installation of Bag Filters with dry flyash collection and storage in Silos at loading and unloading points are standard practices at both locations i.e loading at power plant site as well as at the unloading point at user's site. Suggestions for further improvement in existing practices are as under:
a. Current practice of loading of fly ash in Bulkers/Tankers requires improvement at the stage of loading of fly ash in Tankers. The opening of telescopic chutes at the loading end should be air tight and confined to avoid fugitive dust emission. b. The Pollution Control Equipment / Cascade Filters, attached with fly ash loading chute should be periodically cleaned along with regular scheduled maintenance of bag filter to avoid choking and malfunctioning of Bag Filter. It would mitigate the dust emission during loading of fly ash.
c. Malfunctioning of level sensors can be avoided, with regular maintenance, to prevent over filling of fly ash in Tankers.21
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d. The Weigh Bridge to be installed under fly ash loading chute to fill just the required quantity of fly ash in tankers so that overflow/spillage of fly ash in open areas is avoided which otherwise results in heavy fugitive emission all around. e. Opening of tankers need to be properly locked during transportation of fly ash. Automatic opening / closing system need to be installed without fail.
f. Current practice of unloading of fly ash from tanker to storage hopper through pneumatic system is fairly good. Otherwise, the leakage of fly ash will occur at bends and joints of transportation pipe line. The fly ash being abrasive in nature causes damage at bends and joint locations. Fly ash should, therefore be transported through PVC coated pipes to avoid abrasion otherwise it may lead to leakage of flyash. The mechanical unloading system should be envisaged to avoid high pressure and dust leakage from unloading pipe lines. As far as possible, number of bends should be minimised. g. The fly ash storage silo should be of or coated with anti- abrasive or anti-corrosive material. It is better to provide concrete silo/hopper to avoid leakages.
h. Proper functioning of all the level sensor of Storage Hopper to be ensured to avoid any possible spillage from Hopper opening. i. The Bag Filter made of anti-abrasive material/cloth be provided with telescopic chute.
j. Dumping of ash in Ash pond should be done mechanically in moist condition so that ash does not get air borne and pose fugitive dust problem. k. The bottom ash discharged from boiler bed, may be transported pneumatically in dry form / in slurry form to the ash pond.
4.2.3 Transportation Fly ash transportation has many challenges like distance to be transported, form of ash i.e. dry or wet ash, user's requirement, economic feasibility, requirement of surrounding vicinity and many other site specific issues. In any case, control of dust emission during transportation is prime concern and more challenging being a non-
point source of pollution and larger area coverage due to movement from one place to other passing through various receptors. As flyash is used by different users for different purposes such as cement manufacturing, brick manufacturing, mine back filling, road construction and filling of low lying area, the handling and 22 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
transportation have to accordingly decided. Following modes of transportation and precautions are suggested for mine back filling and development of low lying areas by disposal of flyash or bottom ash to avoid fugitive dust emission:
a. Transportation for abandoned mine back filling I. Pipe conveyors, wherever feasible, based on the topography of the area should be used.
II. Tankers/ railway wagons/ bulkers or mechanically designed covered trucks need to be used III. Thermal Power Plants using wet ash disposal, if permitted can transport ash slurry directly to abandoned mine through ash slurry pipe line.
b. Transportation for filling of low lying area I. Tankers/ bulkers or mechanically designed covered Trucks need to be used.
In no case, flyash or bottom ash shall be transported by open trucks /trollies irrespective of distance or end use. Thermal power plants and fly ash user agency shall collectively ensure that fly ash or bottom ash is transported in environmentally sound manner by following the guidelines mentioned in para 4.2.3 & 4.2.4.
4.2.4 General Code of Practices for Maintenance of roads, vehicles and conditioning of flyash a. Roads inside power plant and that of flyash user agency should be paved and plantation of adequate width should be done at both sides. Mechanised road sweepers should be deployed. In addition, adequate arrangements for water sprinkling should be made to suppress fugitive dust emission, if any.
b. Thermal power plants and user agencies should make arrangements (two stages) for washing of wheels of the vehicles (bulkers/trucks) before deployed for fly ash ransportation. c. Pond ash to be transported should be conditioned with water to maintain minimum of 15% moisture at the disposal point so that ash does not get air borne and cause fugitive emission.
d. Adequate free board in trucks should be kept to avoid overflow/spillage during transportation.
e. In case of any spillage enroute during transportation of fly ash, the agency shall ensure that spilled ash is collected and transported to the disposal/usage site immediately.
f. All the bulkers and trucks responsible for carrying fly ash should be with valid Pollution Under Control certificates.
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g. Provision should be preferably made for weighing of fly ash loaded into tankers/ railway wagons/bulkers etc under the silo. h. The speed limit of vehicles carrying flyash should be strictly enforced and it should not exceed 40 km per hour.
i. State Pollution Control Boards shall clearly indicate mode of transportation and method of loading and unloading while granting the consent.
j. Transportation of flyash through thickly populated areas should be avoided as far as possible.
k. General awareness/ training programmes be organised regularly for tanker operating staff like drivers and cleaners on the impact of hazards of fly ash.
5.0 Reclamation of Low Lying area using Ash Filling of Low lying areas inside the plant premises and outside within 300 km. of power plant may be taken up using ash. Low lying area reclamation with ash should be taken up adopting standard practices as per 2015 technical specification mentioned in NTPC Policy. Following steps should be taken up prior to initiate low lying area developmental activities.
5.1 Preconditions:
5.1.1 Consent from land owner: Consent/ permission should be obtained in writing from the land owner before start of work. 5.1.2 Permission from Regulatory authority: Power plant/ land owner/ agency shall obtain statutory permission from regulatory authorities such as SPCB as per the requirement. 5.1.3 Prevention of pollution: Suitable methods should be adopted and necessary arrangement should be made to prevent pollution during excavation of pond ash at ash pond, filling area and during transportation of ash.
5.1.4 Soil Cover on the top of ash fill: As per the MOEF&CC gazette notification of ash utilization dated 14-09-1999 and as amendment on dated 27-08-2003 and 03-11-2009, the soil required for soil cover shall be excavated from land fill site itself and kept separately before taking for ash filling. If it is not possible to do so, only the minimum quantity of soil required for the purpose of cover shall be excavated from the soil borrow area. The voids so created due to removal of soil shall be filled up with ash with proper compaction and covered at top with soil cover. About 300-500 mm thick soil layer shall be placed over the ash fill area. This should be done as an integral part of low lying area development work.24
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5.1.6 Restrictions:
Reclamation of area by ash shall not be permitted in the following areas :
i. Flood plain area/Ecologically Sensitive Areas. ii. Agriculture land / area.
iii. Reclamation of Forest land / area is permissible only if clearance from MoEF&CC as per Forest Conservation Act, 1980 is available. iv. Gochar Kisan Land.
5.2 Preparation of filling area 5.2.1 The entire area meant to receive the ash and earth filling shall be stripped by minimum 150 mm. The exact depth of stripping shall be decided by the Engineer-in-Charge depending upon nature of top soil and the vegetation present. All organic matter, vegetation, roots, stumps, bushes, rubbish, swamp materials, etc. shall be removed from the site. The stripping material and other unsuitable materials as referred above shall be kept away from the area to be filled up so that these do not get mixed up with filling material and disposed off to a place as decided by the Engineerin-Charge. 5.2.2 Levelling All existing undulations, holes, cavities and excavations made for plate load rests and other soil investigations, etc. shall be filled with pond ash having requisite moisture content.
The ash thus filled shall be compacted with the help of vibratory rollers so as to achieve dry density of not less 95% as per I.S-2720 (Part-VII). This would result in a levelled surface upon which layer wise filling of compacted ash can be done.
5.2.3 Protection of pond or water body adjoining or within the working site: If any pond or water body exists within or adjoining the low lying area /quarry then an earthen embankment of the cross- section as given in the Figure below be constructed around the pond or water body to protect it from spilling of ash or ingress of surface runoff into it.
The soil used for the embankment should neither be granular nor black cotton soil. It should be of good quality for geo-technical application. Soil should be compacted to 95% proctor by Vibratory Roller of 15 T minimum capacity, in the layers of 25-30 cm and the optimum moisture content determined before execution of work. After attaining the desired height, the disposal area should be thoroughly compacted, graded followed by soil cover at least 15 cm thickness for proper reclamation of the land by grass turfing or appropriate plantation.
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5.4 Filling with pond ash 5.4.1 Placement After the area has been prepared and levelled, pond ash excavated from Borrow areas having required moisture content shall be placed in layers not exceeding 300 mm in compacts thickness. The placing operations shall be such that in strips of 10-15 m of the material when compacted in the fill will be blended sufficiently to produce specified degree of compaction and stability. No stones, cobbles or rock fragments, having maximum dimensions more than 100 mm shall be placed in the fill. Stones and cobbles shall be removed either at the borrow pit site before it is used as soil cover. 5.4.2 Procedure The material shall be placed in the fill in continuous horizontal layers, stretching right across the whole section, not more than 300 mm in compacted thickness and rolled as herein specified. The length of one layer shall not exceed 150 meters at one stretch. The layers shall be compacted in strips overlapping not less than 600 mm, if the rolled surface of any fill is found to be too wet for proper compaction, it shall be raked up, allowed to dry, or shall be worked with a harrow or any other approved equipment to reduce the moisture content to the required amount and then it shall be re-compacted before the next layer of ash is placed. Ash surfaces are likely to become dry in short intervals especially during hot and dry weather and hence enough moisture shall be added between difference passes to ensure proper compaction.
5.4.3 Compaction The compaction of each layer shall be carried out so as to achieve maximum in-situ dry density 95% of maximum dry density (MDD) of the material found out as per I.S 2720 (Part VII). To achieve maximum compaction level use of vibratory rollers shall be made. Required number of passes shall be made so as to achieve desired compaction. Number of passes required shall be verified through trials tests before actual execution of work. The broad specifications of vibratory rollers required for the purpose is as follows:
a) Static Weight = 6 to 10 t
b)Static Linear Load = 20 - 35 kg/cm
c)Frequency = 18 - 30 Hz (1100 to 1800 vibrations/ minute)
d)Amplitude of vibrations = 0.5 mm to 1.5 mm 5.4.4 Moisture control 26 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
So far as practicable, the materials shall be brought to the proper moisture content in the borrow area before excavation. If additional moisture is required, it shall be added at the fill site by sprinkling water before rolling the layer. Thermal Power Plant shall make arrangements for supply of water to the borrow areas as well as to the fill area. If the moisture content is more than requirement, the material shall be spread and allowed to dry before rolling. The moisture content shall be at most uniform throughout the layer of material and ploughing or other methods of mixing to obtain uniform distribution. If the moisture content is more or less than the range of the required moisture content, or if it is not uniformly distributed throughout the layer, rolling shall be stopped, and shall be started again only when the above conditions are met with. Fill materials shall be placed only when the weather conditions are satisfactory to permit accurate control of the moisture content in the materials. 5.4.5 Placement of earth cover in filing area Earth cover shall be laid simultaneously with the laying of compacted ash layers and on side slopes. As in the case of ash layers, compacted thickness of earth layers shall not be exceeding 300 mm. As far as top cover of earth is concerned, after the area has been covered with compacted ash up to 500 mm below the required finished level of the area, a compacted layer of 500 mm thickness of suitable earth shall be placed over ash surface. This cover shall be placed in layers, each layer shall be of 250 mm in compacted thickness.
The combined excavation and placing operations shall be such that the materials when compacted in the fill will be blended sufficiently to produce specified degree of compaction on stability. No stones, cobbles or rock fragments, having maximum dimensions more than 25 mm shall be placed in the earth cover. Such stones or cobbles shall be removed either at the borrow pit or before it is used as Soil Cover.
Other requirements of earth cover laying shall be similar to those of ash laying i.e. as outlined in 5.4.1 to 5.4.4 above.
5.5 Prevention of Pollution It shall be responsibility of thermal power plant or his contractor that no air borne and water borne pollution shall occur during all stages of operations such as in Borrow areas, during transportation of ash/ earth, during placement of fill material etc. All measures such as water sprinkling covering moist ash/ earth with tarpaulins in open trucks, etc., shall be taken to done care of above.
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6.0 Disposal of flyash in voids of abandoned mines As per notifications 1999 and 2009, power plant shall undertake or approve stowing of mines without using at least 25% of fly ash on weight to weight basis, of the total stowing materials used. Mine void filling on pilot basis is being carried out at the power plants of NTPC Ltd., Bhushan Steel and NALCO in Odisha with prior permission from MoEF & CC and OSPCB. Based on their experience and study conducted by CMPDIL, Ranchi for NTPC Talcher, following methodology is suggested for filling of mine voids with flyash. 6.2 Mode of ash transportation to mine void area One of flowing mode of transport actions of flyash shall be used depending upon the topography of the area:
1. Pipeline using pneumatic conveying system
2. Dumpers/ Trucks
3. Merry Go Round (MGR) System
4. Belt Conveyors in case of dry ash disposal
5. Wet ash (lean slurry or high concentration slurry) through pipeline 6.4 Reclamation of Land filled site After the quarry is filled to the permitted height as per DGMS, the same shall be provided with a soil cover and plantation shall be done with local fast growing species (preferably trees), to make it a part of the overall post-mining land use pattern envisaged in the mine closure plan The design of surface contours and land profile will be in consonance with the surrounding features. A three tier plantation approach (consisting of large trees, smaller trees and shrubs) will be followed for overall eco-restoration of the area. This will also help in checking the surface run-off, preventing the water from percolation and maintaining the aesthetics beauty of the surrounding in general.
During the mine void reclamation, the following measures are to be undertaken:
i. Storm water drains shall be constructed for channelizing the run-off water away from the disposal site.
ii. A 30 cm thick soil cover shall be provided to promote vegetation growth.
iii. For plantation purpose, preference shall be given to both native species and mixed culture. The species will be selected carefully from the following groups for quick reclamation under the guidance of a taxonomist:
• Tree species for fuel wood and timber 28 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
• Forestry type tree species.
• Tree species with dense foliage for shade.
• Native species. iv. However, fruit bearing species shall be avoided."
24. Further, on the subject of disposal/utilization of fly ash, a notification was issued by the MoEFCC in the year 1999, which was amended from time to time. More recently, in supersession of the 1999 notification, MoEFCC has issued a new notification in the year 2021 ("Fly Ash Notification"). The aforesaid notification imposes a duty upon Thermal Power Plants to ensure 100% utilization of ash (fly ash as well as bottom ash) in ecofriendly manner only. The notification further provides a list of such ecofriendly purposes, which are as under:-
"i. Fly ash based products viz. bricks, blocks, tiles, fibre cement sheets, pipes, boards, panels ii. Cement manufacturing, ready mix concrete; iii. Construction of road and fly over embankment, Ash and Geo- polymer based construction material;
iv. Construction of dam;
v. Filling up of low lying area;
vi. Filling of mine voids;
vii. Manufacturing of sintered or cold bonded ash aggregate; viii. Agriculture in a controlled manner based on soil testing; ix. Construction of shoreline protection structures in coastal districts; x. Export of ash to other countries; xi. Any other eco-friendly purpose as notified from time to time."
25. At the same time, in order to streamline the process of disposal of fly ash in low-lying areas and mine voids/abandoned mines, CPCB has also issued detailed guidelines titled "Guidelines for disposal/utilization of fly ash for reclamation of low lying areas and in stowing of abandoned mines/quarries" wherein details have been provided upon aspects like transportation of fly ash, use of fly ash for reclamation of low-lying areas, disposal of fly ash in voids of abandoned mines among others.
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26. It is argued that the Applicant has suppressed the material facts and the application is not maintainable for the reasons that the matter has already been resolved by the competent authorities. The Applicant has relied on the Supreme Court, in K. Jayaram & Ors. Vs. Bangalore Development Authority & Ors., reported as (2022) 12 SCC 815, while discussing the aforesaid aspect, observed that:-
"10. It is well-settled that the jurisdiction exercised by the High Court under Article 226 of the Constitution of India is extraordinary, equitable and discretionary and it is imperative that the petitioner approaching the writ court must come with clean hands and put forward all facts before the Court without concealing or suppressing anything. A litigant is bound to state all facts which are relevant to the litigation. If he withholds some vital or relevant material in order to gain advantage over the other side then he would be guilty of playing fraud with the court as well as with the opposite parties which cannot be countenanced.
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14. It is necessary for us to state here that in order to check multiplicity of proceedings pertaining to the same subject-matter and more importantly to stop the menace of soliciting inconsistent orders through different judicial forums by suppressing material facts either by remaining silent or by making misleading statements in the pleadings in order to escape the liability of making a false statement, we are of the view that the parties have to disclose the details of all legal proceedings and litigations either past or present concerning any part of the subject-matter of dispute which is within their knowledge. In case, according to the parties to the dispute, no legal proceedings or court litigations was or is pending, they have to mandatorily state so in their pleadings in order to resolve the dispute between the parties in accordance with law."
27. The utilization of fly ash for filling low-lying areas shall be carried out in strict compliance with the Central Pollution Control Board (CPCB) Guidelines, 2019, particularly as specified under Para 5.1.4. Furthermore, adherence to the provisions outlined by the Ministry of Environment, Forest and Climate Change (MoEF&CC) is mandatory as per the gazette 30 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. notification on fly ash utilization dated 14th September, 1999, along with subsequent amendments notified on 27th August 2003 and 3rd November 2009. These notifications collectively mandate that the soil required for such activities must be excavated exclusively from the designated landfill site and stored separately prior to initiating the filling process with fly ash.
Moreover, it is expressly required that the excavated topsoil be preserved and subsequently utilized for covering the filled area to restore its surface.
28. In accordance with the Central Pollution Control Board (CPCB) Guidelines for the disposal and utilization of fly ash, specifically outlined in Para 5.2.3, it is imperative to ensure the protection of ponds and other water bodies located either adjoining or within the designated site of operation.
These guidelines mandate that if any water body exists in proximity to or within the operational area, necessary preventive measures must be implemented to safeguard such water bodies from potential contamination. This includes the construction of an earthen embankment around the perimeter of the water body, designed to effectively prevent the spillage or seepage of fly ash into the water body.
29. The MoEF&CC has published the Ash Utilization Notification, 2021 Notification on Utilization of ash from coal and lignite based Thermal Power Plants (hereinafter referred to as TPPs) vide S.O. 5481(E) dated 31.12.2021 to achieve 100% utilization by coal and lignite based TPPs.
This notification supersedes the Fly ash notification, 1999 S.O. 763(E) dated 14.09.1999 and the subsequent amendments thereof. Clause (2) of Para 'A' of the Notification, prescribes the following ecofriendly purposes for utilization of ash by TPPs, including utilization of fly ash in ash based products;
i. Fly ash based products viz. bricks, blocks, tiles, fibre cement sheets, pipes, boards, panels;
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ii. Cement manufacturing, ready mix concrete;
iii. Construction of road and fly over embankment, Ash and Geo- polymer based construction material;
iv. Construction of dam;
v. Filling up of low lying area;
vi. Filling of mine voids;
vii. Manufacturing of sintered or cold bonded ash aggregate; viii. Agriculture in a controlled manner based on soil testing; ix. Construction of shoreline protection structures in coastal districts; x. Export of ash to other countries;
xi. Any other eco-friendly purpose as notified from time to time,
30. Clause (4) of Para A of the Notification mandates coal or lignite based TPPs for 100% utilization of ash in a prescribed compliance cycle of three to five years. The relevant clause (4) of Para A is quoted herein below:-
"(4) Every coal or lignite based thermal power plant shall be responsible to utilise 100 per cent ash (fly ash and bottom ash) generated during that year, however, in no case shall utilisation fall below 80 per cent in any year, and the thermal power plant shall achieve average ash utilisation of 100 per cent in a three years cycle:
Provided that the three years cycle applicable for the first time is extendable by one year for the thermal power plants where ash utilisation is in the range of 60-80 per cent, and two years where ash utilisation is below 60 per cent and for the purpose of calculation of percentage of ash utilisation, the percentage quantity of utilisation in the year 2021-2022 shall be taken into account as per the table below:-
Utilisation First compliance Second compliance
percentages of Cycle to meet 100 cycle onwards, to
thermal power per cent utilisation meet 100 per cent
plants utilisation
>80 per cent 3 years 3 years
60-80 per cent 4 years 3 years
60 per cent 5 years 3 years
31. It is further argued by the learned counsel for the Respondents that as per clause (6) of paragraph A of the Notification, all Thermal Power Plants are 32 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
permitted operational ash pond or dyke for temporary storage of ash within an area of 0.1 hectare per Mega Watt (MW) and these ash ponds are to be setup as per the technical specifications as per the guidelines prepared by the Central Pollution Control Board (CPCB) made in consultation with the Central Electricity Authority (CEA). It is stated that these guidelines shall also lays down a procedure for annual certification of the operational as well as stabilized and reclaimed ash pond or dyke on its safety, environment pollution, available volume, mode of disposal, water consumption or conservation in disposal, ash water recycling and green belt, etc. The relevant paragraph has been reproduced herein below:-
" (6) Any new as well as operational thermal power plant may be permitted operational ash pond or dyke for temporary storage of ash within an area of 0.1 hectare per Mega Watt (MW). Technical specifications of operational as well as stabilized and reclaimed ash ponds or dykes shall be as per the guidelines of the Central Pollution Control Board (CPCB) made in consultation with the Central Electricity Authority (CEA) and these guidelines shall also lay down a procedure for annual certification of the operational as well as stabilized and reclaimed ash pond or dyke on its safety, environment pollution, available volume, mode of disposal, water consumption or conservation in disposal, ash water recycling and green belt, etc. and shall be put in place within three months from the date of publication of this notification.
Provided that up to two operational ash ponds or dykes for thermal power plants commissioned before 31st December, 2021, having installed capacity less than or equal to 1600 MW, and up to four operational ash ponds or dykes for thermal power plants having installed capacity more than 1600 MW, having multiple lagoons, within the specified area from the existing ash ponds or dykes, may be designated with clear demarcation along with coordinates, and shall inform to Central Pollution Control Board (CPCB) and concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) by 31st March, 2023:
Provided further that one ash pond or dyke shall be permitted in case of new thermal power plants or expansion of existing thermal 33 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
power plants commissioned on or after 31st December, 2021, which shall inform the details of demarcation along with coordinates to Central Pollution Control Board (CPCB) and concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) within 3 months from the date of commissioning of thermal power plant or by 31st March, 2023, whichever is later:
Provided also that coal and lignite based thermal power plants shall not be allowed to further establish or designate any new operational ash pond or dyke: Provided also that specification of 0.1 hectare per Mega Watt (MW) of an operational ash pond or dyke shall not be applicable for the thermal power plants commissioned before 03rd November, 2009."
32. Our attention has been drawn towards the notification dated 31.12.2021 issued by the MoEF&CC which provides for maximum utilization of the Fly Ash products. The Government in various Projects being developed by institutions are using Red Bricks and are also giving preference to Auto Clave Aerated Concrete Blocks (AAC) Blocks which are not categorized as Fly Ash Products by the BIS. The mentioned notification not only mandates use of Fly Ash Bricks/ Blocks/ Tiles up to 300Kms of Thermal Power Plant but also provides for Environment Compensation of Rs.
75/sq.ft for non-use of fly Ash Bricks/Blocks/ Tiles etc. that, inadequate utilization of fly ash has resulted in over exploitation of natural top soil of earth, causing damage to the environment. Further, the traditional red bricks are continued to be used which cause excessive top spoil degradation and norms for use of fly ash for manufacturing red bricks are not being followed.
33. The Government Departments are promoting Auto Clave Aerated Concrete (AAC) Blocks in its various projects including CM Rise School. The building specifications provided by the Environment Planning and Coordinating Organization (EPCO)has made the usage of AAC blocks for Masonary mandatory. The AAC Blocks is a cement-based product and as 34 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. per Bureau of Indian standards (BIS) is categorized in non-fly ash product.
The AAC Blocks also uses cement for its production which categorized as red category product. That, Concerns relating to pollution and the disposal of the large amount of ash from coal based power stations, which are the mainstay of India's power generation, are addressed through strategies like Fly ash Utillsation Plan wherein MOEF by way of its notification dated 31.12.2021 has provided in great detail procedure for utilization.
34. The Ministry of Environment, Forest & Climate Change Government of India, by Notification vide SO 763(E), dated 14.09.1999, as amended time to time, for restricting the excavation of top soil for manufacturing of bricks and promoting the utilization of fly ash in the manufacturing of building materials and construction activity within a specified radius of 300 KM from the coal or lignite based thermal power plants. That at present MoEF&CC has issued SO 5481(E) vide dated 31.12.2021, the notification on ash utilization from coal or lignite thermal power plant in supersession of the above notification SO (763) dated 1999 except as respect things done or omitted to be done before such supersession. The notification 2021 intends to bring out a comprehensive frame work for ash utilization including system of Environmental compensation based on polluter pays principle. The applicant has summarized the provisions of notification 1999, which is not applicable in view of new notification 2021.
35. The Tribunal (Principal Bench), vide Order dated 18.01.2022 in the original application no. 168/2018 directed the constitution of "Fly Ash Management & Utilization Mission" to be jointly headed by the Secretaries of MoEF&CC, Coal and Power, Government of India and Chief Secretaries Madhya Pradesh and Uttar Pradesh. Mission is responsible for issues related to handling and disposal of fly ash as well as all associated issues 35 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. related to pollution caused by Thermal Power Plant and industries generating fly ash. It is pertinent to note here that Chief Secretary, Government of Madhya Pradesh and Chairman, Madhya Pradesh Pollution Control Board are member of the mission.
36. The Fly Ash Mission constituted vide Order dated 18.01.2022 in Original Application No. 164 of 2018, titled as Ashwani Kumar Dubey Vs Union of India, are regularly holding the meetings to review the status of utilization and management of fly ash by TPPs and so far, have conducted 6 meetings dated 24.11.2022; 31.01.2023; 01.05.2023; 04.07.2023;
19.10.2023 & 31.01.2024. The Respondent is regularly holding the review meetings under the Chairmanship of Principal Secretary, Department of Environment, Govt. of M.P. (who is also Chairman of MPPCB) with Thermal Power Plants; National Highway Authority India; Madhya Pradesh Road Development Corporation; Urban Administration and Development Department; Public Works Department and other stakeholders to implement the provisions of Fly Ash Notification, 2021 and policy decisions undertaken by Fly Ash Mission to maximize the utilization of fly ash for different usage. That so far 5 Review Meetings dated 18.01.2023;
25.04.2023; 27.06.2023; 13.09.2023 & 09.01.2024 have been conducted between the aforementioned.
37. The Chief Secretary, Government of Madhya Pradesh, is taking personal cognizance of the issue, undertook Review Meetings dated 09.05.2023 with various departments of the State of Madhya Pradesh and issued directives to maximize the utilization of Fly Ash in a Ecofriendly manner such as fly ash based products, cement manufacturing, construction of road, construction of dam, filling up of low lying areas filling of mine voids etc. The above joint efforts of MoEF&CC, Coal and Power, Government of India and Chief Secretaries Madhya Pradesh and various other 36 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. Departments of Madhya Pradesh including the Respondent have resulted in an gradual increase in fly ash utilization. That the below table enumerates the detail of use of fly ash in the State of Madhya Pradesh:-
S. No. Period Fly Ash Fly Ash % Fly Ash
generation utilization Ash
utilization
1 2021-2022 2,85,17,588.68 2,85,17,588.68 62.07
2 2022-2023 3,03,09,643.00 2,23,83,319.00 73.84
3 2022-2023 2,36,13,123.83 1,43,78,9375.00 87.00
(up to
31.12.2023
38. The notification provides the use of fly ash for manufacturing of AAC blocks and MoEF&CC has notified vide SO763(E) dated 14.09.1999 that for the manufacturing of the bricks/blocks, the minimum 25% fly ash is required to be used and thus, the AAC blocks manufacturing of which is utilizing more than 25% fly ash content, cannot be termed as non-fly ash based product.
39. The State of Madhya Pradesh has submitted the reply in O.A. No. 179/2023 as follows:-
"The content of Fly Ash used in the manufacturing of AAC Blocks is approximately 65% - 75% and the amount of Fly Ash used in manufacturing of Fly Ash Bricks is 55% - 65% which is considerably less than that of AAC Blocks. The below table enumerates in detail the components used for manufacturing of both AAC Block and Fly Ash Brick:
ACC Block Fly ash brick
Fly ash slurry 65% Fly ash 55 to 65%
Scrap slurry 16% River sand / 18 to 27%
(contain 60% stone dust
of fly ash)
Cement 12%
37
O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
Lime 6% Lime 9 to 12%
Gypsum 1.3% Gypsum 5.5%
Solubles Rest
i. That based on the aforementioned it is apparent on the face of the record that the AAC Blocks used by the answering respondent in construction activities are manufactured with higher percentage of Fly Ash and thus ensuring maximum utilization of Fly Ash within the State of Madhya Pradesh.
ii. The Directorate for Public Instruction, Government of Madhya Pradesh vide meeting dated 28.12.2023 issued guidelines for the use of AAC Blocks. This decision has been reached through a collaborative effort, involving the heads of various government departments. A committee has been formed, consisting of department heads from different construction agencies operating within the state, as well as architects affiliated with Environmental Planning and Coordination Organization.
iii. In accordance with the Indian Standard Code governing the manufacturing of AAC Blocks, as specified in IS 2185 Part-III1984 (superseding IS 5482- 1969), reaffirmed in 2005, the utilization of fly ash is delineated in Part-B, Sub-clause 5.3, under Clause 5 (Materials). Additionally, the application of fly ash is detailed in Sub- clause 5.1.1 of Clause 5 (Materials) of the aforementioned IS code. iv. The weight of an AAC Block is approximately one-third that of Fly Ash Brick, and due to the same the use of AAC Blocks reduced the load on buildings, and reduces the use of steel, concrete and other building materials, thus effectively reducing the building cost. The below table enumerates the drastic difference in weight of an AAC Block and Fly Ash Brick:
Unit weight of 500-700kg Unit weight of 1600-1850kg AAC block /m3 fly ash brick /m3 It is apparent from the above that such a huge weight difference between AAC Block and Fly Ash Brick results in reduced construction cost and thus saving public exchequer."
40. The notification quoted above dated 31.12.2021 further provides the following responsibilities:-
38O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. A. Responsibilities of thermal power plants to dispose fly ash and bottom ash. -
i. Every coal or lignite based thermal power plant (including captive or co-generating stations or both) shall be primarily responsible to ensure 100 per cent utilisation of ash (fly ash, and bottom ash) generated by it in an eco-friendly manner as given in subparagraph (2);
ii. The ash generated from coal or lignite based thermal power plants shall be utilised only for the following eco-friendly purposes, namely:-
(i) Fly ash based products viz. bricks, blocks, tiles, fibre cement sheets, pipes, boards, panels;
(ii) Cement manufacturing, ready mix concrete;
(iii) Construction of road and fly over embankment, Ash and Geo-polymer based construction material;
(iv) Construction of dam;
(v) Filling up of low lying area;
(vi) Filling of mine voids;
(vii) Manufacturing of sintered or cold bonded ash aggregate;
(viii) Agriculture in a controlled manner based on soil testing;
(ix) Construction of shoreline protection structures in coastal districts;
(x) Export of ash to other countries;
(xi) Any other eco-friendly purpose as notified from time to time.
iii. A committee shall be constituted under the chairmanship of Chairman, Central Pollution Control Board (CPCB) and having representatives from Ministry of Environment, Forest and Climate Change (MoEFCC), Ministry of Power, Ministry of Mines, Ministry of Coal, Ministry of Road Transport and Highways, Department of Agricultural Research and Education, Institute of Road Congress, National Council for Cement and Building Materials, to examine and review and recommend the ecofriendly ways of utilisation of ash and make inclusion or exclusion or modification in the list of such ways as mentioned in Subparagraph (2) based on technological developments and requests received from stakeholders. The committee may invite State Pollution Control Board or Pollution Control Committee, operators of thermal power plants and mines, cement plants and other stakeholders as and when required for this purpose. Based on the recommendations of the Committee, Ministry of Environment, Forest and Climate Change (MoEFCC) may publish such eco-friendly purpose.
39O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
iv. Every coal or lignite based thermal power plant shall be responsible to utilise 100 per cent ash (fly ash and bottom ash) generated during that year, however, in no case shall utilisation fall below 80 per cent in any year, and the thermal power plant shall achieve average ash utilisation of 100 per cent in a three years cycle:-
Utilisation First compliance Second compliance percentages of Cycle to meet 100 cycle onwards, to thermal power per cent utilisation meet 100 per cent plants utilisation >80 per cent 3 years 3 years 60-80 per cent 4 years 3 years 60 per cent 5 years 3 years Provided that the three years cycle applicable for the first time is extendable by one year for the thermal power plants where ash utilisation is in the range of 60-80 per cent, and two years where ash utilisation is below 60 per cent and for the purpose of calculation of percentage of ash utilisation, the percentage quantity of utilisation in the year 2021- 2022 shall be taken into account as per the table below:-
Provided further that the minimum utilisation percentage of 80 per cent shall not be applicable to the first year and first two years of the first compliance cycle for the thermal power plants under the utilisation category of 60-80 per cent and Provided also that 20per cent of ash generated in the final year of compliance cycle may be carried forward to the next cycle which shall be utilised in the next three years cycle along with the ash generated during that cycle.
v. The unutilised accumulated ash i.e. legacy ash, which is stored before the publication of this notification, shall be utilised progressively by the thermal power plants in such a manner that the utilization of legacy ash shall be completed fully within ten years from the date of publication of this notification and this will be over and above the utilisation targets prescribed for ash generation through current operations of that particular year : Provided that the minimum quantity of legacy ash in percentages as mentioned below shall be utilised during the corresponding year and the minimum quantity of legacy ash is to be calculated based on the annual ash generation as per installed capacity of thermal power plant.
40O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
Year from 1st 2nd 3rd - 10th
date of
publication
Utilisation of At least 20 At least 35 At least 50
legacy ash percent percent percent
(in
percentage of
Annual ash)
Provided further that the legacy ash utilisation shall not be required where ash pond or dyke has stabilised and the reclamation has taken place with greenbelt or plantation and the concerned State Pollution Control Board shall certify in this regard. Stabilisation and reclamation of an ash pond or dyke including certification by the Central Pollution Control Board (CPCB) or State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) shall be carried out within a year from the date of publication of this notification. The ash remaining in all other ash ponds or dykes shall be utilised in progressive manner as per the above mentioned timelines. Note: The obligations under sub-paragraph (4) and (5) above for achieving the ash utilisation targets shall be applicable from 1st April, 2022.
vi. Any new as well as operational thermal power plant may be permitted an emergency or temporary ash pond with an area of 0.1 hectare per Mega Watt (MW). Technical specifications of ash ponds or dykes shall be as per the guidelines of Central Pollution Control Board (CPCB) made in consultation with Central Electricity Authority (CEA) and these guidelines shall also lay down a procedure for annual certification of the ash pond or dyke on its safety, environmental pollution, available volume, mode of disposal, water consumption or conservation in disposal, ash water recycling and greenbelt, etc., and shall be put in place within three months from the date of publication of this notification.
vii. Every coal or lignite based thermal power plant shall ensure that loading, unloading, transport, storage and disposal of ash is done in an environmentally sound manner and that all precautions to prevent air and water pollution are taken and status in this regard shall be reported to the concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) in Annexure attached to this notification.
viii. Every coal or lignite based thermal power plant shall install dedicated silos for storage of dry fly ash silos for at least sixteen hours of ash based on installed capacity and it shall be reported 41 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
upon to the concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) in the Annexure and shall be inspected by Central Pollution Control Board (CPCB) or State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) from time to time.
ix. Every coal or lignite based thermal power plant (including captive or co-generating stations or both) shall provide real time data on daily basis of availability of ash with Thermal Power Plant (TPP), by providing link to Central Pollution Control Board's web portal or mobile phone App for the benefit of actual user(s).
x. Statutory obligation of 100 per cent utilisation of ash shall be treated as a change in law, wherever applicable.
B. For the purpose of utilisation of ash, the subsequent subparas shall apply--
i. All agencies (Government, Semi-government and Private) engaged in construction activities such as road laying, road and flyover embankments, shoreline protection structures in coastal districts and dams within 300 kms from the lignite or coal based thermal power plants shall mandatorily utilise ash in these activities:
Provided that it is delivered at the project site free of cost and transportation cost is borne by such coal or lignite based thermal power plants.
Provided further that thermal power plant may charge for ash cost and transportation as per mutually agreed terms, in case thermal power plant is able to dispose the ash through other means and those agencies makes a request for it and the provisions of ash free of cost and free transportation shall be applicable, if thermal power plant serves a notice on the construction agency for the same. ii. The utilisation of ash in the said activities shall be carried out in accordance with specifications and guidelines laid down by the Bureau of Indian Standards, Indian Road Congress, Central Building Research Institute, Roorkee, Central Road Research Institute, Delhi, Central Public Works Department, State Public Works Departments and other Central and State Government Agencies. iii. It shall be obligatory on all mines located within 300 kilometres radius of thermal power plant, to undertake backfilling of ash in mine voids or mixing of ash with external Overburden dumps, under Extended Producer Responsibility (EPR). All mine owners or operators (Government, Public and Private Sector) within three hundred kilometres (by road) from coal or lignite based thermal power plants, 42 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
shall undertake measures to mix at least 25 per cent of ash on weight to weight basis of the materials used for external dump of overburden, backfilling or stowing of mine (running or abandoned as the case may be) as per the guidelines of the Director General of Mines Safety (DGMS):
Provided that such thermal power stations shall facilitate the availability of required quantity of ash by delivering ash free of cost and bearing the cost of transportation or cost or transportation arrangement decided on mutually agreed terms and mixing of ash with overburden in mine voids and dumps shall be applicable for the overburden generated from the date of publication of this notification and the utilisation of ash in the said activities shall be carried out in accordance with guidelines laid down by the Central Pollution Control Board, Director General of Mines Safety and Indian Bureau of Mines.
Explanation.- For the purpose of this sub-paragraph, it is also clarified that the provisions of ash free of cost and free transportation shall be applicable, if thermal power plants serve a notice on the mine owner for the same and the mandate of using 25 per cent of ash for mixing with overburden dump and filling up of mine voids shall not be applicable unless a notice is served on the mine owner by thermal power plant.
iv. (i) All mine owners shall get mine closure plans (progressive and final) to accommodate ash in the mine voids and the concerned authority shall approve mine plans for disposal of ash in mine voids and mixing of ash with overburden dumps. The Ministry of Environment, Forest and Climate Change (MoEFCC) has issued guidelines on 28th August, 2019 regarding exemption of requirement of Environmental Clearance of thermal power plants and coal mines along with the guidelines to be followed for such disposal.
(ii) The Ministry in consultation with Central Pollution Control Board (CPCB), Director General of Mine Safety (DGMS) and Indian Bureau of Mines (IBM) may issue further guidelines time to time to facilitate ash disposal in mine voids and mixing with overburden dumps and it shall be the responsibility of mine owners to get the necessary amendments or modifications in the permissions issued by various regulatory authorities within one year from the date of identification of such mines.43
O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
v. (i) There shall be a committee headed by Chairperson, Central Pollution Control Board (CPCB) with representatives from Ministry of Environment, Forest and Climate Change, Ministry of Power, Ministry of Mines, Ministry of Coal, Director General of Mine Safety and Indian Bureau of Mines for identification of mines for backfilling of mine voids with ash or mixing of ash with overburden dump including examination of safety, feasibility (not economic feasibility) and aspects of environmental contamination and the committee shall get updated quarterly reports prepared regarding identified mines (both underground and opencast) for the stakeholder Ministries or Departments and the committee shall start identifying the suitable mines immediately after the publication of this notification.
(ii) Thermal power plants or mines shall not wait for disposal of ash till the identification is done by the above mentioned committee, to meet the utilisation targets mandated as above vi. Filling of low lying areas with ash shall be carried out with prior permission of the State Pollution Control Board or Pollution Control Committee for approved projects, and in accordance with guidelines laid down by Central Pollution Control Board (CPCB) and the State Pollution Control Board or Pollution Control Committee (PCC) shall publish approved sites, location, area and permitted quantity annually on its website. vii. Central Pollution Control Board after engaging relevant stakeholders, shall put in place the guidelines within one year for all types of activities envisaged under this notification including putting in place time bound online application process for the grant permission by State Pollution Control Boards (SPCBs) or Pollution Control Committees (PCCs).
viii. All building construction projects (Central, State and Local authorities, Govt. undertakings, other Govt. agencies and all private agencies) located within a radius of three hundred kilometres from a coal or lignite based thermal power plant shall use ash bricks, tiles, sintered ash aggregate or other ash based products, provided these are made available at prices not higher than the price of alternative products.
ix. Manufacturing of ash based products and use of ash in such products shall be in accordance with specifications and guidelines laid down by the Bureau of Indian Standards, Indian Road Congress, and Central Pollution Control Board.
C. Environmental compensation for non-compliance 44 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
i. In the first two years of a three years cycle, if the coal or lignite based thermal power plant (including captive or cogenerating stations or both) has not achieved at least 80 per cent ash (fly ash and bottom ash) utilisation, then such noncompliant thermal power plants shall be imposed with an environmental compensation of Rs. 1000 per ton on unutilised ash during the end of financial year based on the annual reports submitted and if it is unable to utilise 100 per cent of ash in the third year of the three years cycle, it shall be liable to pay an environmental compensation of Rs. 1000 per ton on the unutilised quantity on which environmental compensation has not been imposed earlier:
Provided that the environmental compensation shall be estimated and imposed at the end of last year of the first compliance cycle as per the various utilisation categories as mentioned in sub-paragraph (4) of Para A. ii. Environmental compensation collected by the authorities shall be deposited in the designated account of Central Pollution Control Board.
iii. In case of legacy ash, if the coal or lignite based thermal power plant (including captive or co-generating stations or both) has not achieved utilisation equivalent to at least 20 per cent (for the first year), 35 per cent (for the second year), 50 per cent (for third to tenth year) of ash generated based on installed capacity, an environmental compensation of Rs. 1000 per ton of unutilised legacy ash during that financial year shall be imposed and if the utilization of legacy ash is not completed at the end of 10 years, an environmental compensation of Rs.1000 per ton shall be imposed on the remaining unutilised quantity which has not been imposed earlier.
iv. It shall be the responsibility of the transporters or vehicle owner to deliver ash to authorised purchaser or user agency and if it is not complied, then an environmental compensation of Rs. 1500 per ton on such quantity as mis-delivered to unauthorised users or non- delivered to authorised users will be imposed besides prosecution of such non-compliant transporters by State Pollution Control Board (SPCB) or Pollution Control Committee (PCC).
v. It is the responsibility of the purchasers or user agencies to utilise ash in an eco-friendly manner as laid down at para B of this notification and if it is not complied, then an environmental compensation of Rs. 1500 or per ton shall be imposed by State Pollution Control Board (SPCB) or Pollution Control Committee (PCC).
45O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
vi. If the user agencies do not utilise ash to the extent obligated under para B or the extent to which they have been intimated through Notice(s) served under sub-paragraph (1) of para D, whichever is lower, they shall be liable to pay Rs. 1500 per ton of ash for the quantity they fall short off:
Provided that the environmental compensation on building constructions shall be levied at Rs.75/- per square feet of built up area of construction.
vii. (i) The environmental compensation collected by Central Pollution Control Board from the thermal power plants and other defaulters shall be used towards the safe disposal of the unutilised ash and the fund may also be utilised for advancing research on use of ash including ash based products.
(ii) The liability of ash utilisation shall be with thermal power plants even after imposition of environmental compensation on unutilised quantities and in case thermal power plant achieves the ash utilisation of any particular cycle after imposition of environmental compensation in subsequent cycles, the said amount shall be returned to thermal power plant after deducting 10 per cent of the environmental compensation collected on the unutilised quantity during the next cycle and deduction of 20 per cent, 30 per cent, and so on, of the environmental compensation collected is to be made in case of utilisation of ash in subsequent cycles.
D. Procedure for supply of ash or ash based products.-- i. The owner of thermal power plants or manufacturers of ash bricks or tiles or sintered ash aggregate shall serve written notice to persons or agencies who are liable to utilise ash or ash based products, offering for sale, or transport or both. ii. Persons or user agencies who have been served notices by owner of thermal power plants or manufacturers of ash bricks or tiles or sintered ash aggregate, if they have already tied up with other agencies for the purpose of utilisation of ash or ash products, shall inform the thermal power plant accordingly, if they cannot use any ash or ash products or use reduced quantity.
E. Enforcement, Monitoring, Audit and Reporting.--
i. The Central Pollution Control Board (CPCB) and the concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) shall be the enforcing and monitoring authority for ensuring compliance of the provisions and shall monitor the utilisation of ash 46 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
on quarterly basis. Central Pollution Control Board shall develop a portal for the purpose within six months of date of publication of the notification. The concerned District Magistrate shall have concurrent jurisdiction for enforcement and monitoring of the provisions of this notification ii. (i) Thermal power plants shall upload monthly information regarding ash generation and utilisation by 5th of the next month on the web portal. Annual implementation report (for the period 1st April to 31st March) providing information about the compliance of provisions in this notification shall be submitted by the 30th day of April, every year to the Central Pollution Control Board, concerned State Pollution Control Board or Pollution Control Committee (PCC), Central Electricity Authority(CEA), and concerned Integrated Regional Office of Ministry of Environment, Forest and Climate Change by the coal or lignite based thermal power plants. Central Pollution Control Board and Central Electricity Authority shall compile the annual reports submitted by all the thermal power plants and submit to Ministry of Environment, Forest and Climate Change by 31st May. ii. All other user agencies shall submit consumption or utilisation or disposal of ash and use of ash based products as mandated in this notification in the compliance report of Environmental Clearance (EC) issued by Ministry of Environment, Forest and Climate Change or State Level Environment Impact Assessment Authority (SEIAA) or Consent to Operate (CTO) issued by State Pollution Control Board (SPCB) or Pollution Control Committee (PCC), whichever is applicable. The Central Pollution Control Board (CPCB) or State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) shall publish annual report of ash utilisation of all other agencies except thermal power plants to review the effective implementation of the provisions of the notification.
iii. For the purpose of monitoring the implementation of the provisions of this notification, a committee shall be constituted under the Chairperson, Central Pollution Control Board CPCB), with members from Ministry of Power, Ministry of Coal, Ministry of Mines, Ministry of Environment, Forest and Climate Change, Ministry Road Transportation and Highways, Department of Heavy Industry as well as any concerned stakeholder(s), to be nominated by the Chairman of the committee. The committee may make recommendations for effective and efficient implementation of the provisions of the notification. The committee shall meet at least once in six months and review annual implementation reports and the committee shall also 47 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
hold stakeholder consultations for monitoring of ash utilisation as mandated by this notification by inviting relevant stakeholder(s) at least once in six months.
The committee shall submit the six monthly report to Ministry of Environment, Forest and Climate Change (MoEFCC).
iv. For the purpose of resolving disputes between thermal power plants and users of ash or manufacturer of ash based products, the State Governments or Union territory administration constitute a Committee within three months from the date of publication of this notification under the Chairman, State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) with representatives from Department of Power, and one representative from the Department which deals with the subject of concerned agency with which dispute is made.
v. The compliance audit for ash disposal by the thermal power plants and the user agency shall be conducted by auditors, authorised by Central Pollution Control Board (CPCB) and audit report shall be submitted to Central Pollution Control Board (CPCB) and concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) by 30th November every year. Central Pollution Control Board (CPCB) and concerned State Pollution Control Board (SPCB) or Pollution Control Committee (PCC) shall initiate action against noncompliant thermal power plants within fifteen days of receipt of audit report."
41. The Members of the Committee visited site and submitted the report with the following observations and has made certain recommendations:-
Joint Committee Inspection Report in the matter of Original Application No.78/2025(CZ) Gajendra Rajpoot V/s State of Madhya Pradesh& Ors.
...........x..................x....................x..............x...................
4. OBSERVBATION OF THE JOINT COMMITTEE 4.1 To assess and verify the factual status of the allegations raised by the applicant, the Joint Committee conducted the site visit of the area under question on 18th August 2025. During the field inspection, the Committee randomly visited three sites as mentioned in the Hon'ble NGT order. At each site, detailed observations were recorded based on quantity of fly ash dumped in low-lying areas, Geo-tagged locations, Approximate area covered, Manner of fly ash dumping, 48 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
Environmental aspects (Water, Air, Soil and plantation /vegetation), duration (period) of bottom ash filling, quantity of bottom ash filled, distance of habitation from site, public health of local residents, compliance status CPCB guideline and Photographic evidence etc. 4.2 Details of the visited sites with observations are given below in table
1. Village Chandokha, Tehsil Mohangarh, District Tikamgarh
2. Village Semarkheda, Tehsil Mohangarh, District Tikamgarh (Khasra No. 408/1)
3. Village Semarkheda, Tehsil Mohangarh District Tikamgarh.- Government Primary School.
4.3 Inspected site no. -1, Village- Chandokha, Tehsil- Mohangarh, District- Tikamgarh (Filled low lying area by fly ash site).
49O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
4.4 Observation of the site no. 1:-
The Joint Committee visited the aforementioned site and interacted with local villagers to gather information. Mr. Ravindra Singh, a resident of village Chandokha, informed the joint committee that earlier the area contained old mine voids (Muram khadan) /low lying area measuring approximately 25-30 feet in depth and covering about 2.03 hectares. These low-lying areas have been filled with bottom ash generated from M/s Lalitpur Power Generation Co. Ltd. (capacity: 1980 MW) through its contractor/transporter, M/s Veer Associates.
Upon inspection, the joint committee observed that the site had been completely compacted and covered with topsoil. The topsoil was also compacted, and vegetation in the form of green grass was grown. No fugitive emissions, surface runoff, groundwater contamination, or soil pollution were observed during the visit. There was no fly ash/ bottom ash spreading found at the approach road of the site. The Committee also interacted with the nearby villagers and asked about at that time of ash dumping, is there any type of nescience was observed. The villagers stated that they had no problem from bottom ash dumping time at this site. During the ash dumping time the 50 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
transporter regularly sprays water at this site as said by the villagers.
For further assessment of potential groundwater contamination from the land filling activity, the Joint Committee collected a ground water sample from the nearest well (belonging to Shri Shivcharan Vanshkar), located approximately 30-40 meters from the site. The analysis results of the water sample are attached at Annaxure-3.
4.5 Inspected site no.2 Village- Semarkheda, (Gram Panchayat- Madkhera) Tehsil -
Mohangarh, District- Tikamgarh (filled low lying area by fly ash site) -
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4.6 The observation of the site no.2 :-
The Joint Committee visited the aforementioned site and interacted with local villagers to gather information. Mr. Rajpal Singh Parmar, a resident of village Semarkheda, informed the Committee that earlier the area contained mine voids (Muram Khadan)/low lying area measuring approximately 30-35 feet in depth and covering about 4.303 hectares. These low-lying areas have been filled with bottom ash generated from M/s Lalitpur Power Generation Co. Ltd. (capacity:
1980 MW) through its contractor/transporter, M/s Veer Associates. Upon inspection, the Committee observed that the site had been covered area of approx. 3.0 hectare and compacted and also covered with topsoil and remaining area were found unfilled by the project proponent. The topsoil was compacted, and vegetation in the form of udad crop was grown by the local residents i.e. Mr. Raja Sahab Parmar. No fugitive emissions, surface runoff, groundwater contamination, or soil pollution were observed during the visit. There was no fly ash/bottom ash spreading found on the approach road of the site.
4.7 Inspected site no.3 Govt. Primary School, Village - Semarkhera, Tehsil -
Mohangarh, District Tikamgarh The Joint Committee also visited the Semarkhera village and saw the govt. school ground which is mentioned in order dated 30.05.2025. by the Hon'ble NGT. The committee found no evidence of fly ash filling in the ground of govt. Primary school of village- Semarkhera and also asked the villagers they told to the joint committee that nofly ash dumped by the Project Proponent as well as any transporter on ground of the school.
5. CONCLUSION OF THE JOINT COMMITTEE OF FIELD VISIT.
5.1 The project proponent has submitted comprehensive details regarding the consent status, site locations, and the quantity of bottom ash dumped. Consent to operate has been obtained from the Madhya Pradesh Pollution Control Board (MPPCB) for three designated locations. The complete information pertaining to the allotted sites is presented in the table below.
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5.2 The low-lying areas and mine voids identified for bottom ash disposal did not comprise agricultural land. These sites, classified as government land, have been rendered suitable for local residential use following the filling and stabilization with bottom ash. 5.3 During the inspection, it was observed that the Project Proponent (PP) had obtained requisite permissions from the Madhya Pradesh Pollution Control Board (MPPCB) and secured a No Objection Certificate (NOC) from the District Collector, Tikamgarh, vide Letter No. 11/2025 dated 05.12.2024 copy of the letter is attached at Annexure -9 prior to commencement of the fly ash/bottom ash filling in low lying area.
5.4 Subsequently, based on complaints received from local residents, political representatives, and media, the District Administration (Deputy Collector) issued directions to immediately stop the fly ash filling activity vide Order No. 26/RTC/2025 dated 11.06.2025 (Annexure 10). Accordingly, no landfilling activity is presently being undertaken by Respondent Nos. 5 & 6.
5.5 Joint committee had visited 03 sites and out 03 sites there are 02 sites have reclaimed i.e. Village Chandokha Tehsil-Mohangarh, District- Tikamgarh (Khasra No. 20/1) and Village-Semarkhera, Tehsil- Mohangarh, District-Tikamgarh (Khasra No. 408/1) by the project proponent. However, site no. 03 i.e. Govt. Primary School 53 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.
Village Searkhera no fly ash/ Bottom ash dumped in school premises.
5.6 The joint committee also observed that the previously low-lying areas have been reclaimed by the project proponent in accordance of lowlying area filling guideline prepared by the CPCB in 2019. The sites have been covered with topsoil, and natural vegetation (green grass) has developed. The reclaimed land is presently suitable for use as Gram Panchayat land (Gauchar land) or for other recreational purposes by the local community.
5.7 The project proponent has obtained a letter from the Office of the Chief Medical & Health Officer (CMHO), Tikamgarh, confirming that no infectious diseases have been observed among the villagers residing near the bottom ash dumping site.
5.8 The project proponent has obtained a letter from the Office of Office of Deputy Director Animal Husbandry and Dairy Department, Tikamgarh, confirming that no effect has been observed among the cattle's residing near the bottom ash dumping site villages. 5.9 The project proponent has obtained a letter from the Office of Assistant Director Fisheries Tikamgarh, confirming that no effect observed on pet animals have been observed residing near the bottom ash dumping site.
5.10 The project proponent has obtained a letter from the Office of Deputy Director Agriculture & Farmers Welfare, Tikamgarh, confirming that no effect have been observed on agriculture land residing near the bottom ash dumping site.
5.11 The project proponent has obtained a letter from the Office of Hon'ble Member of Parliament i.e. Dr. Virendra Kumar, Tikamgarh for the filling of bottom ash in low lying area (big pits and swamps in it) and make the land useful for Atal sabhagar (Assembly House) at Tikamgarh."
42. The submissions of the learned counsel for the Applicant are that as coming out of the unit is a big problem for human health and the Project Proponent is required to utilize it in accordance with the guidelines.
43. In response to the above contention, the learned counsel for the Respondent/Project Proponent has argued that the Respondent has been complying with the notification issued by the MoEF&CC and that utilization is in accordance with the rules and it has been found by the 54 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. Joint Committee that the Project Proponent is utilizing it for fly ash based products and other guidelines issued by the MoEF&CC.
44. Learnd counsel for the Project Proponent has submitted that the Collector vide order dated 11.06.2025 has stopped the disposal of fly ash and thus the problem has been created, though there is no specific order from this Tribunal. Power generation is an essential part of the public utility services and is in the interest of the public and the nation to meet out the demand of the electricity. The Collector being a responsible officer is required not to pass such an order which is against the national interest or the public interest.
45. However, in view of the above guidelines and quotations and orders quoted above, we direct the Collector concerned to go through the Review Meeting dated 09.05.2023 of the Chief Secretary, Government of Madhya Pradesh, with regard to disposal/utilization of fly ash and with regard to the manufacturing of AAC blocks and notification dated 14.09.1999 and to ensure compliance of the directions and guidelines issued by the State of Madhya Pradesh as well as the Notification 2021. The order dated 11.06.2025 issued by the Collector with regard to the Lalitpur Power Generation Company Ltd. District-Lalitpur, is hereby quashed and set aside for the reasons that it is not beneficial in the interest of the power generation of the State. However, the Collector has to provide the facilities and ensure the disposal of fly ash in accordance with the decision taken by the MoEF&CC and the State of Madhya Pradesh.
46. In view of the above contention and the arguments as raised by the learned counsel for the parties and the Joint Committee Report, there are no violations reported by the Joint Committee. However, in view of the existing problems as raised, the following environmental steps are required to be taken:-
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(1) The Respondents/Project Proponent are directed to comply with the guidelines/directions/provisions issued by the MoEF&CC for the disposal of fly ash quoted above.
(2) The Project Proponent shall undertake wired fencing on all around the reclaimed sites and shall also undertake dense plantation using Miyawaki Technology on all reclaimed sites to ensure ecological restoration.
(3) While filling pits/voids in future, provision shall be made by the Project Proponent to retain water so as to work has water holes in certain sections so as to provide drinking water sources for cattle and wildlife as well. The approach roads damaged due to transportation of fly ash by heavy vehicles/dumpers shall be repaired and maintained by the Project Proponent area within the control of the Unit for convenient to villagers. The road within the control of PWD/CPWD be maintained by the agency with DMF fund.
(4) For protection of pond or water body existing within or adjoining the low-lying area, an earthen embankment of the cross section as per CPCB guidelines should be constructed around the pond or water body to protect it from spilling of ash or ingress of surface runoff into it. The Project Proponent should carry out monitoring of ground water quality within 500m radius before filling of fly ash in low-lying area and after the filling of fly ash/ bottom ash in low-lying area.
47. Since no violation has been reported by the Joint Committee, thus no further action is required by this Tribunal. However, the Project Proponent 56 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors. is directed to ensure compliance of the guidelines/provisions issued by the MoEF&CC and the Central Pollution Control Board.
48. With these directions and observations, the Original Application No.78/2025(CZ) stand disposed of accordingly.
Sheo Kumar Singh, JM Sudhir Kumar Chaturvedi, EM 16th September, 2025, O.A. No.78/2025(CZ) AK 57 O.A. No.No.78/2025(CZ) Gajendra Rajpoot Vs. State of Madhya Pradesh & Ors.