National Green Tribunal
Amaravati Fly Ash Bricks Manufacturers ... vs Union Of India on 10 May, 2022
Item No.2 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.327/2022
(I.A. No. 110/2022)
Amaravati Fly Ash Bricks
Manufacturers Association Applicant
Versus
Union of India & Ors Respondents
Date of hearing: 10.05.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Gaurav Kumar Bansal, Advocate
ORDER
1. The Amaravati Fly Ash Bricks Manufacturers Association has filed the present application under Section 18 (1) read with Section 14 of the National Green Tribunal Act 2010 seeking the following reliefs:
" a. To quash Office order dated 22.02.2022 issued by Respondent no. 4;
b. To quash the Office order dated 16.03.2022 issued by Respondent no. 5;
c. Direct Respondent no. 4 to issue Office order to prohibit dumping of ash into pond ash as the same not only contaminate the soil but also causes ground water and air pollution;
d. Direct Respondent no. 4 to issue Office Order to all the Thermal Power Plants to put Fly Ash depots at Urban Growth Centers to cater the need of fly ash to brick industry so that the maximized fly ash consumption would not only save crores of rupees of Thermal Power Plants but would also result into providing affordable power to consumers; and 1 e. Pass any other directions or orders as deemed fit by this Hon'ble Court"
2. The applicant has pleaded that Ministry of Power, Government of India had issued advisory order dated 22.09.2021 directing all the Thermal Power Plants to provide fly ash to end users through transparent bidding process only. This Tribunal vide order dated 18.01.2022 passed in O.A No. 164/2018 (earlier O.A No. 276/2013) titled as "Ashwani Kumar Dubey Vs. Union of India and Others" held that the decision regarding sale of fly ash was not viable as there were no buyers perpetuating storage to the detriment of environment and public health and cost and that such advisory is not only unmindful of disastrous consequences but is also against Statutory Notification dated 31.12.2021 issued by MoEF & CC. The applicant has further pleaded that the Ministry of Power has, in continuation of its earlier order dated 22.09.2021, issued impugned advisory order dated 22.02.2022 directing Thermal Power Plants to provide fly ash through bidding process only which is not only a deliberate attempt to turn down the above said direction issued by this Tribunal but is also counterproductive in promoting 100 % utilization of fly ash.
3. The applicant has further pleaded that Thermal Power Plants are falsely claiming 100 % utilization of fly ash by manipulation of statistics by adding ash used for Dykes and Bund formation to the actual consumption of fly ash. Thermal Power Plants also convert unused fly ash into slurry and then pump the said ash slurry from its plants for which Thermal Power Plants have to spend huge money on pumping power cost, cost of water, wear and tear of ash pumping machines and pond maintenance cost etc. Fly ash consumed by user segment, be it cement, concrete or brick manufacturers, saves enormous costs to Thermal Power Plants. The Ministry of Power should encourage Thermal 2 Power Plants to install more fly ash collection silos and put fly ash depots at Urban Growth Centers to cater to the demands of fly ash by brick manufacturing industry and other users.
4. The applicant has also filed I.A No. 110/2022 for grant of ad- interim injunctive relief.
5. We have heard learned Counsel for the applicant and gone through the relevant record.
6. The averments made in the petition raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010 and validity of impugned order being violative of the environmental norms, notifications, rules and regulations.
7. Let notice of O.A No. 327/2022 as well as I.A No. 110/2022 be issued to Respondents requiring them to file replies specifically responding to all material averments made in the applications within two months.
8. The applicant is directed to take requisite steps for service of notices on the respondents and file his affidavit regarding the same by email at [email protected] with in two weeks.
List the matter for further consideration on 11.07.2022.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM May 10, 2022 Original Application No. 327/2022 AG 3