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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;

O. A. No. 327/2022 Amaravati Fly Ash Bricks Manufacturers Association Vs. Union of India & Ors.

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 e. Pass any other directions or orders as deemed fit by this Hon'ble Court"

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 (TPPs) also convert unused fly ash into slurry and then pump the said ash slurry from its plants for which Thermal Power O. A. No. 327/2022 Amaravati Fly Ash Bricks Manufacturers Association Vs. Union of India & Ors.

O. A. No. 327/2022 Amaravati Fly Ash Bricks Manufacturers Association Vs. Union of India & Ors.

17. A copy of 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 was forwarded to the Secretary, MoP, GoI. Neither there is any averment in reply filed by respondent No.4 nor there is any material on record to show that respondent no. 4 ever approached this Tribunal by filing any application for review for modification of any of its directions or filed any appeal before Hon'ble Supreme Court for setting aside/modifying the same. Therefore, respondent No.4 was bound to comply with the directions given by this Tribunal vide above referred order dated 18.01.2022. In its reply the respondent no. 4 has not referred to the directions issued by this Tribunal and has not mentioned any progress regarding compliance with the same and implementation of the Fly Ash Management And Utilization Mission for much needed speedy utilization/disposal of legacy flyash. Prima Facie, respondent No. 4 seems to be more concerned regarding monetization of the sale of fly ash so that the tariff of electricity is kept as low as possible to benefit the consumers and seems to have ignored the alarming situation found on verification of the ground situation showing serious environmental violations and failure to prevent air and water pollution by the TPPs resulting in not only denial of fundamental right to clean and healthy environment of those very consumers of electricity but also breach of international treaty obligations of Government of India. Prima Facie, it appears that Advisory dated 22.02.2022 has been issued not only in flagrant violations of the directions given by 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 but also without consultating MOEF & CC and without public hearing/inviting objections from Public/persons affected and without taking into consideration the comparative costs of (i) early disposal of fly ash and delayed disposal of fly ash requiring storage till completion of competitive bidding process and (ii) much needed early disposal of legacy fly ash and ten O. A. No. 327/2022 Amaravati Fly Ash Bricks Manufacturers Association Vs. Union of India & Ors.