National Green Tribunal
Amaravati Fly Ash Bricks Manufacturers ... vs Union Of India on 20 February, 2025
Item Nos.01 to 03 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 327/2022
(IA No. 666/2024, IA No. 256/2022,
IA No. 174/2022, IA No. 110/2022)
Amaravati Fly Ash Bricks Manufacturers Association Applicant
Versus
Union of India & Ors. Respondents
With
Original Application No. 878/2022
Tamilnadu Fly Ash Brick and
Blocks Manufacturers Association Applicant
Versus
Union of India & Ors. Respondents
With
Original Application No. 661/2024
Tamilnadu Fly Ash Bricks and
Blocks Manufacturers Association Applicant
Versus
Union of India & Ors. Respondents
Date of hearing: 20.02.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
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Original Application No. 327/2022:
Applicant: Mr. Gaurav Kumar Bansal, Ms. Nandita Bansal and Ms. Chandrika
Upadhyaya Counsel for the Applicant.
Respondents: Mr. Kumar Rajesh Singh, Advocate for Respondent no. 1.
Mr. K M Natraj, ASG (through VC) with Mr. Gigi C George and Mr.
Watsal, Advocates for Respondent no. 2, 3, 4 & 6.
Mr. Raj Kumar, Advocate for Respondent No. 7.
Mr. Chetan Sharma, Ld. ASG Mr. Shailesh Madiyal, Sr. Adv. With
Mr. Sudhanshu Prakash, AOR, Ms. Anisha Agarwal, Mr. Kanishk
Sinha and Mr. Sharath BK, Advocates for Respondent No. 9.
Mr. Sudhanshu Prakash, AOR, Ms. Anisha Agarwal, Mr. Kanishk
Sinha and Mr. Sarthak BK, Advocates for Respondent No. 10, 11
and 14.
Mr. Arvind Gupta and Mr. Kanav Bhardwaj, Advocates for
respondent no. 12.
Mr. Adarsh Tripathi, Mr. Vikram Singh Baid and Mr. Ajitesh Garg
Advocates for Respondent No. 8, 13 and 15.
None for Respondents no. 5.
Original Application No. 878/2022:
Applicant: Mr. Gaurav Kumar Bansal, Ms. Nandita Bansal and Ms. Chandrika
Upadhyaya Counsel for the Applicant.
Respondents: Mr. Ravinder Singh, Advocates for Respondent no. 1.
Mr. Gigi C George, Advocate for Respondent no. 2.
Mr. Chetan Sharma, Ld. ASG Mr. Shailesh Madiyal, Sr. Adv. With
Mr. Sudhanshu Prakash, AOR, Ms. Anisha Agarwal, Mr. Kanishk
Sinha and Mr. Sharath BK, Advocates for Respondent No. 5
(through VC).
Mr. Raj Kumar, Advocate for Respondent No. 3.
Ms. Purnima Krishna and Mr. Karamveer Singh, Advocates for
Respondents no. 4.
Ms. Anusha Nagarajan, Mr. Rushil Anand, Advocates for respondent
no. 6, 10 to 13
Mr. N. Nithianandam, Advocate for Respondent No.7 (through VC)
Ms. Ritwika Nanda, Advocate and Ms. Shruti Gupta, Advocates for
Respondent no. 8
Mr. Munawar Naseem, Mr. Jaskaran Singh Bhatia and Ms. Anisha
Gupta, Advocates for respondent no. 14 to 17.
Mr. Adarsh Tripathi, Mr. Vikram Singh Baid and Mr. Ajitesh Garg
Advocates for Respondent No. 9 and 18 (through VC).
Original Application No. 661/2024:
Applicant: Mr. Akhil Pal Chhabra, Advocate for Applicant (through VC)
Respondents: Ms. Bihu Sharma, Advocate for Respondent no. 1.
Mr. Gigi C George, Advocate for Respondent no. 2, 3 and 4.
ORDER
1. The applicant-Amaravati Fly Ash Bricks Manufacturers Association filed O.A. No. 327/2022 for quashing of office order dated 22.02.2022 2 issued by respondent no. 4, office order dated 16.03.2022 issued by respondent no. 5 and issue direction to respondent no. 4 to direct all thermal power plant to maximize fly ash consumption.
2. The applicant-Tamil Nadu Fly Ash Brick and Block Manufacturer Association filed O.A. No. 878/2022 to direct respondents no. 6 to 18 not to sell fly ash in violation of order dated 25.08.2022 passed in O.A. No. 327/2022 and to direct Ministry of Power not to implement its advisory dated 22.02.2022.
3. MoEF&CC amended notification dated 31.12.2021 vide notifications dated 30.12.2022 and 01.01.2024. Para D (4) of the notification dated 01.01.2024 which is relevant to the environmental questions involved reads as under:-
"The coal or lignite based thermal power plants, while utilising ash under this notification shall reserve certain percentage of ash for supply to all micro and small enterprises engaged in ash based product manufacturing namely, bricks, blocks, tiles, sintered or cold bonded ash aggregates, fiber cement sheets, pipes, boards, panels for sale at concessional price or through limited auction in accordance with the guidelines issued by the Central Government in the Ministry of Power. "
4. In compliance/consonance with notification dated 01.01.2024, the Ministry of Power has also issued the revised advisory/guidelines dated 15.03.2024 to all coal or lignite-based thermal power plants and concerned State Governments superseding guidelines dated 22.02.2022 during pendency of O.A. No. 327/2022 and O.A. No. 878/2022.
5. I.A. No. 666/2024 was filed on 13.12.2024 with the prayer to take on record additional facts and documents.
6. Learned Additional Solicitor General had submitted that in view of 3 amendment of notification dated 31.12.2021 by notifications dated 30.12.2022 and 01.01.2024, issuance of revised advisory/guidelines dated 15.03.2024 by the Ministry of Power and orders dated 24.02.2023 and 02.09.2024 passed by Hon'ble Supreme Court, these Original Applications have become infructuous. Learned Additional Solicitor General also relied on order dated 16.04.2024 passed in O.A. No.436/2023 whereby the above said Original Application was disposed of as infructuous.
7. This Tribunal observed in its order dated 16.12.2024 that the question as to whether all the reliefs sought in these applications have become infructuous or not has to be adjudicated upon after filing of reply by applicants and hearing of submissions in respect thereof. This Tribunal also observed that the parties before the Court/Tribunal can amend the pleadings in view of subsequent developments and the Court/Tribunal can also mould the relief in view of subsequent developments and that O.A. No. 661 of 2024 has been filed for quashing order dated 01.01.2024 issued by respondent no.1-MOEF&CC and order dated 15.03.2024 issued by respondent no.4-MOP.
8. Vide order dated 16.12.2024, the applicants were directed to file replies I.A. No.666/2024 specifically mentioning as to whether the reliefs sought by them have become infructuous or not, as to whether any relief survives despite subsequent developments and as to whether any amendments are desired to be made to reiterate the grievances and assail validity of subsequent notification and guidelines.
9. Despite oppourtunity, the applicants have not filed any replies to I.A. No. 666/2024 and have not responded to the other aspects mentioned above.
10. In the facts and circumstances of the case I.A. No. 666/2024 is 4 allowed and additional facts and documents are taken on record.
11. However, the effect of additional facts and documents will be considered at the time of adjudication of substantial environmental question involved in the case and suffices it to observe at this stage that original applications filed cannot be summarily rejected on the ground of the original applications having become infructuous particularly so because, prima facie, only the relief qua quashing of office order dated 22.02.2022 issued by Ministry of Power and office order dated 16.03.2022 issued by Dr. Narla Tata Rao Thermal Power Station and compliance of order dated 25.08.2022 passed by this Tribunal claimed in O.A. No. 327/2022 and O.A. No. 878/2022 can be said to have become infructuous to that extent but (i) in O.A. No. 327/2022 the applicant has claimed further relief regarding issuance of directions to respondent no. 4 for maximizing user of fly ash and in both the above said original applications the applicants have made prayer for grant of such relief as this Tribunal considers fit in view of the substantial environmental questions raised and
(ii) in O.A. No. 661/2024 the applicant has sought relief of quashing of amendment dated 01.01.2024 and office order dated 15.03.2024 which cannot be said to have become infructuous.
12. Vide order dated 15.12.2022, respondent no.1 - MoEF&CC and respondent no.4 - Ministry of Power were directed to file additional affidavits with respect to the aspects mentioned in para 10 of the order dated 15.12.2022 which were also reiterated vide order dated 16.12.2024.
13. In compliance thereof, respondent no.4 - Ministry of Power filed its reply dated 14.01.2025. On going through the reply it was noticed that out of 213.44 million tonnes fly ash disposed of, 5.73 million tonnes was mentioned in row-e (x) to have been disposed of by other modes of 5 utilization and out of 106.99 million tonnes legacy fly ash disposed of 53.14 million tonnes legacy fly ash was mentioned to have been disposed of by other modes of utilization and the reply filed by respondent no. 4- Ministry of Power (MoP) did not mention what were the other modes of utilization by which the fly ash and legacy fly ash were disposed of. Respondent no.4 - Ministry of Power was directed to file additional reply clarifying what are the other modes of utilization by which fly ash and legacy fly ash were disposed of.
14. In compliance thereof reply dated 19.02.2025 has been filed by respondent no.4-Ministry of Power. In reply dated 19.02.2025 respondent no. 4- Ministry of Power has given break up of both the quantities and the relevant part thereof is reproduced as under:-
"6.1 The detailed break-up of the 5.73 Million Tonnes of Ash Utilization by Other Modes of Ash Utilization is as follows:
Description Quantity
Other Modes of Ash Utilisation 5.73
Million
Tonnes
Break-up as follows
In Ash and Geopolymer based 0.12
construction material Million
Tonnes.
Manufacturing of sintered or cold 2.36
bonded ash aggregates Million
Tonnes.
Use in over burden dumps 0.25
Million
Tonnes.
Construction of shore line protection 0.06
structures in coastal districts Million
Tonnes.
Export of ash to other countries 2.93
Million
Tonnes
6.2 The detailed break-up of the 53.14 Million Tonnes of Ash Utilization by Other Modes of Legacy Ash Utilization is as follows:
Description Quantity
Other Modes of Legacy Ash 53.14
6
Utilisation Million
Tonnes
Break-up as follows
In Ash and Geopolymer based 1.36
construction material Million
Tonnes.
Manufacturing of sintered or cold 1.36
bonded ash aggregates Million
Tonnes.
Use in over burden dumps 1.50
Million
Tonnes.
Construction of shore line protection 1.45
structures in coastal districts Million
Tonnes.
Export of ash to other countries 1.65
Million
Tonnes
"
15. Response dated 19.02.2025 has been filed by respondent no. 7- Central Pollution Control Board. Relevant part of the response reads as under:-
"4. That, the Para A( 1) and Para A(2) of the Ash Notification dated 3 1.12.2021 (as subsequently amended on 30.12.2022 and 01.01.2024) prescribe that 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 utilization of ash (By ash, and bottom ash) generated by it in an eco-friendly manner only for the eco- friendly avenues/purposes prescribed at A(2) (i) to (xi):- 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.
5. That, the utilization avenue/purpose mentioned under Para A(2)(xi) of the notification i.e. " Any other eco-friendly purpose as notified from time to time" is not applicable as of now, as any additional avenue has not been notified by the Central Government.7
6. That, as described in the above Paras 4 and 5, the ash used for ash bund/dyke construction and the ash disposed in the Ash Ponds are not considered as ash utilization under the provisions of the Ash Notification.
7. That, the summary of ash generation and utilization by the independent coal/lignite based thermal power plants across the country during the FYs 2022-23 and FY 2023-24 as per the annual compliance reports submitted by thermal power plants are given as below:-
Description FY 2022-23 FY 2023-24
Coal Consumed 823.5 901.4
(MMT)
Total Ash 292.8 329.1
Generation (MMT)
Total Ash Utilization 264.8 308.4
(MMT)
Percentage Ash 90.44 % 93.71 %
Utilization (%)
"
16. The clarification of "Other Modes of Utilization" given by respondent no.4-Ministry of Power in its reply dated 19.02.2025 conflicts with reply filed by Central Pollution Control Board that no other eco friendly purpose for utilization of fly ash/legacy fly ash has been notified by the Central Government.
17. It may be observed here that respondent no. 4- Ministry of Power has created confusion as all the heads mentioned in tables given in its reply dated 19.02.2025 are covered by heads mentioned at serial no. (i) to
(x) of sub para (2) of para A of Notification dated 31.12.2021 and do not fall under residuary head 11 thereof.
18. It may also be added here that in serial no. 15 and 19 in Annexure to the notification dated 31.12.2021 the heads mentioned at serial no. (i) 8 to (xi) have been differently numbered at serial no. (i) to (xiv).
19. In reply dated 19.02.2025 filed by respondent no. 4-Ministry of Power, legacy fly ash weighing 45.83 Million Tonnes is stated to have been utilized through stabilization (Green belt, Solar, Wind).
20. It may be observed here that second proviso to sub para (5) of Para A-Responsibilities of thermal power plants to dispose fly ash and bottom ash of Notification No. S.O. 5481(E) dated 31.12.2021 as amended by Notification No. S.O. 6169 (E) dated 30.12.2022 provides 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 or solar power plant or wind power plant as per the guidelines issued by Central Pollution Control Board as specified in sub-para (6).
The concerned State Pollution Control Board or Pollution Control Committee is required to certify the same within three years from 01.04.2022. The ash remaining in all other ash ponds or dykes has to be utilized in progressive manner as per the timelines mentioned in the notification.
21. It is evident from second proviso to sub para (5) of Para A- Responsibilities of thermal power plants to dispose fly ash and bottom ash of Notification No. S.O. 5481(E) dated 31.12.2021 as amended by Notification No. S.O. 6169 (E) dated 30.12.2022 that stabilization and reclamation of ash pond or dyke cannot take place by greenbelt or plantation or solar power plant or wind power plant after 31.03.2025 if requisite certification has not been carried out by the concerned State Pollution Control Board or Pollution Control Committee within three years from 01.04.2022.
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22. Further it may be observed that Notification dated 31.12.2021 (as subsequently amended on 30.12.2022 and 01.01.2024) prescribes that 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 utilization of ash (By ash, and bottom ash) generated by it in an eco-friendly manner but percentage of ash utilization was 90.44 per cent in FY 2022-23 and 93.71 percent in FY 2023-24.
23. Notification No. S.O. 5481(E) dated 31.12.2021 mandates constitution of the Committees for the purpose specified therein. The following Committees are required to be constituted for the purposes as mentioned below :-
(i) Committee under the chairmanship of Chairperson, Central Pollution Control Board and having representatives from Ministry of Environment, Forest and Climate Change, 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 eco-friendly ways of utilization of ash and make inclusion or exclusion or modification in the list of such ways as mentioned in Sub-paragraph based on technological developments and requests received from stakeholders.
(ii) Committee under the Chairmanship of Chairperson, Central Pollution Control Board 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 10 environmental contamination. The Committee has to get updated quarterly reports prepared regarding identified mines (both underground and opencast) for the stakeholder Ministries or Departments and the Committee was required to start identifying the suitable mines immediately after the publication of this notification
(iii) Committee under the Chairmanship of Chairperson, Central Pollution Control Board with members from Ministry of Power, Ministry of Coal, Ministry of Mines, Ministry of Environment, Forest and Climate Change, Ministry of Road Transportation and Highways, Department of Heavy Industry as well as any concerned stakeholder(s), to be nominated by the Chairman of the committee to make recommendations for effective and efficient implementation of the provisions of the notification. The committee is required to meet at least once in six months and review annual implementation reports and the Committee also hold stakeholder consultations for monitoring of ash utilisation as mandated by the notification by inviting relevant stakeholder(s) at least once in six months. The committee also required to submit the six monthly report to Ministry of Environment, Forest and Climate Change (MoEF&CC).
24. In its response the Central Pollution Control Board has not mentioned anything about constitution, meetings, making of recommendations and implementation of recommendations of above said Committees.
25. Further, para C Environmental compensation for non-compliance of Notification No. S.O. 5481(E). dated 31st December, 2021 makes detailed provisions for imposition of environmental compensation on the violators and deposit thereof with and also utilization thereof by the 11 Central Pollution Control Board but in its response the Central Pollution Control Board has not mentioned anything about imposition, recovery and utilization of environmental compensation.
26. Sub-para 6 of Part B-For the purpose of utilisation of ash of Notification No. S.O. 5481(E) dated 31.12.2021 mandates that 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 and the State Pollution Control Board or Pollution Control Committee shall publish approved sites, location, area and permitted quantity annually on its website.
27. Notification No. S.O. 5481(E). dated 31.12.2021 declares the Central Pollution Control Board and the concerned State Pollution Control Board or Pollution Control Committee to be the enforcing and monitoring authority for ensuring compliance of the provisions and to monitor the utilization of ash on quarterly basis. The Central Pollution Control Board and Central Electricity Authority is required to compile the annual reports submitted by all the thermal power plants and submit to Ministry of Environment, Forest and Climate Change by 31st May. The Central Pollution Control Board or State Pollution Control Board or Pollution Control Committee is required to publish annual report of ash utilization of all other agencies except thermal power plants to review the effective implementation of the provisions of the notification.
28. The Central Pollution Control Board was also required by the above said Notification to put in place the guidelines within one year for all types of activities envisaged under the above said Notification. 12
29. Sub-para 5 in Part E. Enforcement, Monitoring, Audit and Reporting of Notification No. S.O. 5481(E) dated 31.12.2021 mandates that 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) is required to initiate action against non-compliant thermal power plants within fifteen days of receipt of audit report.
30. Para 8 of the office order dated 15.03.2024 issued by the Ministry of Power for coal or lignite based Thermal Power Plants (TPPs) to utilize ash by providing it to the 'user agencies' as stipulated in the MoEF&CC Notification dated 31.12.2021 and its subsequent amendments provides that the Enforcement, Monitoring, Audit and Reporting of these Guidelines shall be as per para-E of the MoEF&CC Notification dated 31.12.2021 and its amendments on 30.12.2022 and 01.01.2024.
31. In its reply dated 14.01.2025, the Ministry of Power has mentioned that Thermal Power Plants were uploading the Ash Data in 'ASHA Portal' maintained by Central Electricity Authority (CEA), which was discontinued in August, 2023 and that as per MoEF&CC Notification dated 31.12.2021, TPPs are now uploading the monthly information regarding the ash generation and utilization by 5th of next month on the web portal, which is being maintained by Central Pollution Control Board (CPCB).
32. The response filed by the Central Pollution Control Board does not 13 make any reference to factual position regarding compliance with the above referred mandatory stipulations made in MoEF&CC Notification dated 31.12.2021.
33. In compliance with order dated 18.01.2022 passed in O.A. No. 164/2018 (earlier O.A. No. 276/2013) Fly Ash Management and Utilization Mission was constituted and copies of minutes dated 24.11.2022, 09.03.2023, 08.06.2023, 02.08.2023, 24.11.2023, 09.04.2024, 19.07.2024 and 01.01.2025 of the meetings of Fly Ash Management and Utilization Mission have been filed but there is nothing on record to show filing of compliance reports in compliance of its recommendations and also scrutiny of the same for ensuring due enforcement of Notification No. S.O. 5481(E) dated 31.12.2021.
34. It appears that despite directions in Notification No. S.O. 5481(E) dated 31.12.2021and also recommendations made in the minutes of the meetings of Fly Ash Management and Utilization Mission, requisite audits have not been got conducted through auditors authorized by Central Pollution Control Board so far so that the question of initiating any action against non-compliant thermal power plants on the basis of such audits does not arise.
35. An assessment of all these relevant aspects related to enforcement of Notification No. S.O. 5481(E) dated 31.12.2021 is required to be made by this Tribunal for just and proper adjudication of the substantial environmental questions relating to modes of utilization of fly ash and legacy fly ash involved in the present case.
36. The Central Pollution Control Board is directed to get the audits carried out in time bound manner.
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37. The Central Pollution Control Board is also directed to file response giving detailed information with respect to all the aspects referred to above and in particular to the following aspects:-
(i) quantity and percentage of fly ash and legacy fly ash required to be utilized year wise/cycle wise;
(ii) quantity and percentage of fly ash and legacy fly ash actually utilized year wise/cycle wise;
(iii) quantity and percentage of fly ash and legacy fly ash utilized year wise/cycle wise by sale through auction;
(iv) income generated by sale through auction of fly ash and legacy fly ash year wise and expenses incurred on the same and net profit thereby derived;
(v) quantity and percentage of fly ash and legacy fly ash year wise utilized by providing the same free of cost at the transportation cost to be borne by the receiver;
(vi) quantity and percentage of fly ash and legacy fly ash year wise utilized by providing the same free of cost and also by bearing the cost of transportation and expenses incurred on the cost of transportation;
(vii) quantity and percentage of fly ash or legacy fly ash carried out by stabilization and reclamation of ash pond or dyke (with total area of land covered) by greenbelt or plantation or solar power plant or wind power plant as per the guidelines issued by Central Pollution Control Board as specified in sub-para (6);
(viii) whether requisite certification has been carried out/will be carried out by the State Pollution Control Board or Pollution Control Committee within three years i.e., by 31.03.2025; and
(ix) percentage of ash reserved by the coal or lignite based thermal power 15 plants under the notification for supply to all micro and small enterprises engaged in ash-based product manufacturing namely, bricks, blocks, tiles, sintered or cold bonded ash aggregates, fiber cement sheets, pipes, boards, panels for sale at concessional price or through limited auction in accordance with office order dated 15.03.2024 issued by the Ministry of Power.
38. It may be observed here that in Office Order dated 22.03.2022 and 15.03.2024, the Ministry of Power has recognized fly ash/legacy fly ash as valuable commodity.
39. The Ministry of Power is directed to file additional response clarifying as to (i) whether fly ash/legacy fly ash has any adverse impact on environment or not (ii) whether fly ash/legacy fly ash constitutes environmental pollutant or not and (iii) whether any prolonged storage of fly ash/legacy fly ash involves any violation of the provisions of the Environment (Protection) Act, 1986 and Rules framed and Notifications issued under the same.
40. In table given in reply dated 14.01.2025 filed by Ministry of Power, the relevant aspects mentioned in row-g and h at page no. 1359 of the paper book were left to be replied to by MoEF & CC but no reply has been filed by MoEF & CC so far. No valid explanation has been given by MoEF & CC for not filing of its reply.
41. MoEF & CC is directed to file its response with requisite details in respect of all relevant aspects highlighted above in this order while clarifying as to (i) whether fly ash/legacy fly ash has any adverse impact on environment or not (ii) whether fly ash/legacy fly ash constitutes environmental pollutant or not and (iii) whether any prolonged storage of fly ash/legacy fly ash involves any violation of the provisions of the 16 Environment (Protection) Act, 1986 and Rules framed and Notifications issued under the same.
42. Vide order dated 16.12.2024, all the respondents, who were not appearing earlier, were required to file their responses and ensure their representations. In compliance thereof, all respondents excepts respondent no. 5 in O.A. No. 327/2022 have appeared before this Tribunal. However, replies/responses have been filed before this Tribunal so far only by MoEF & CC, Ministry of Power, CPCB, Dr. Narla Tata Rao Thermal Power Station and NTPC Eastern Region 1 and replies/responses have not been filed by others.
43. All the respondents, who have not filed their responses so far, may file their responses at least three days before the next date of hearing fixed and ensure their representations before this Tribunal on the next date of hearing fixed.
44. We are constrained to clarify that in the eventuality of not filing of response by concerned respondents, the Officer in Charge of concerned respondents may be summoned and examined as witness by this Tribunal for elucidation of the relevant information regarding the same.
45. Respondents no. 5 and 8 are directed to deposit costs of Rs. 25,000/- each with NGT Bar Association, Principal Bench, New Delhi, if not already deposited.
46. In view of the serious nature and magnitude of the environmental questions involved in the present case, we consider it appropriate to have the assistance of some Advocates as amicus curiae to assist this Tribunal in just and fair adjudication of the questions involved. Accordingly, Mr. Ajit Sharma, Advocate (Enrollment No. D/797/2006) and Mr. Saurabh 17 Rajpal, Advocate (Enrollment No. D/928/2014) are appointed as amicus curiae to assist this Tribunal in just and fair adjudication of the questions involved. Their Honorarium is fixed as Rs. 1,00,000/- each besides miscellaneous expenses including travelling, boarding/lodging charges etc. The CPCB is directed to pay amount of Rs. 1,00,000/- to the Amicus Curiae within one month from the date of receipt of a copy of this order and to pay miscellaneous expenses including travelling, boarding/lodging charges etc. within one month of submission of bills in respect thereof out of the amount of environmental compensation lying deposited with it.
47. Vide order dated 02.09.2024 passed in Civil Appeal No. 1508/2023 titled as Union of India Vs. Amaravati Fly Ash Bricks Manufacturers Association & Ors. the Hon'ble Supreme Court directed to this Tribunal to decide the original application as expeditiously as possible preferably within six months from the date of receipt of a copy of the order. Copy of the above said order was received by this Tribunal on 23.09.2024 and the period of six months will expire on 22.03.2025.
48. Learned Counsel for MoEF & CC and Ministry of Power have undertaken to file appropriate application for extension of time.
49. List for further consideration on 20.03.2025.
50. A copy of this order be sent to Mr. Ajit Sharma, Advocate and Mr. Saurabh Rajpal, Advocate by e-mail for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM February 20th, 2025 O.A. No. 327/2022, O.A. No. 878/2022 & O.A. No. 661/2024/ ag 18