Environment (Protection) Act 1986: s. 3 – Environmental Compensation – Utilization and disposal of accumulated fly ash at the units of thermal power producers – Statutory notification by the Ministry of Environment and Forest and Climate Change-MoEF&CC requiring manufacturers of clay to mix 25% of Ash which was amended by notification requiring construction agencies to use 100% of the fly ash in a phased manner up to 03.08.2007; and by further notification time period extended until 31.12.2017 – National Green Tribunal held that the Thermal Power Plants-TPPs failed to take adequate steps for the scientific disposal of fly ash in accordance with the statutory notifications issued by the Ministry – Direction by NGT that for non-compliant TPPs’, the environmental compensation to be determined with effect from 31.12.2017 – During pendency, the Ministry by Notification dated 31.12.2021 granted extension of ten years to TPPs to comply with the requirement of 100% utilization of accumulated legacy fly ash, subsuming the earlier notifications – Sustainability of the order passed by the NGT – Held: NGT found fault with the TPPs due to their failure to comply with the notification dated 25.01.2016 and the extended deadline which was fixed for the utilization of fly ash – In view of the subsequent development, the basis of the order of the NGT altered – Thus, in view of the notification dated 31.12.2021, the orders of the NGT set aside – Furthermore, having noticed certain deficiencies in the notification dated 31.12.2021, as regards the loading, unloading, transport, storage and disposal of fly ash in an environmentally sound manner, MoEF&CC to revisit whether the parameters prescribed by the notification dated 31.12.2021 – Hazardous and Other Wastes (Management and Transboundary Movement) Rules 2016 – rr. 3(17), 3(23), 3(33), 3(34).
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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