Delhi HC issues notice to CPCB, MFECC & UP Govt over Pollution due to Fly ash

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Shivangi Prakash-

The Delhi High Court has issued a notice in a plea seeking compliance with a legislative mandate regarding the use of fly ash in brick production.

On Friday, a Division Bench led by Chief Justice D.N. Patel and Justice Jyoti Singh sought responses on the subject from the Ministry of Environment, Forest and Climate Change, the Uttar Pradesh government, the Central Pollution Control Board, and other bodies.

The Ministry of Environment and Forest issued a notification on September 14, 1999, which was revised on January 25, 2016, mandating the use of fly ash for construction activities within a set radius of coal or lignite-based thermal power plant, according to the petition.

The petitioner’s Senior Counsel, Gopal Sankaranarayanan, told the Court that the Ministry of Environment and Forest’s notification specifically said that fly ash from coal power stations must be utilised exclusively for the construction of bricks.

The counselor also said that Noida’s tender, which called for the purchase of red bricks, was illegal and in contravention of several Delhi High Court and Supreme Court orders.

 “Over 22 years, there has been an attempt to try and clear up Delhi’s air,” said Sankaranarayanan, while underlining consistent violations of the legal mandate by both the brick manufacturers, as well as the state instrumentalities.

The Court questioned him about his jurisdiction, and he stated that the cause of action arose for two reasons. For starters, it has a direct impact on the air above Delhi, and it is also in violation of a Delhi High Court decision requiring all State Governments to use fly ash for various purposes.

The issue will now be discussed on August 27.

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