NGT asks Power Ministry to not to execute order on sale of fly ash from thermal power plants

The National Green Tribunal (NGT) has directed the Union Ministry of Power not to execute its advisory issued to thermal power plants to provide fly ash to end users through a transparent bidding process.

The Principal Bench of the NGT, comprising Justice Arun Kumar Tyagi and Expert Member Afroz Ahmad in its order said that advisory issued by the Ministry on February 22, 2022 directing thermal power plants to provide fly ash to end users through bidding process only shall not enforced and shall remain in abeyance till further orders by the Tribunal.

The tribunal also asked the Ministry of Power and Ministry of Environment and Forests officials not below the rank of Joint Secretary to be present along with documents about the compliance of earlier order of the NGT regarding the fly ash disposal in the thermal power plants, during next hearing of the matter on November 14, 2022.

The Ministry of Power on September 22, 2021 issued an advisory directing all thermal power plants to provide fly ash to end users through transparent bidding process only.

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However, the Tribunal in its order on January 18, 2022 said that decision regarding the 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. The Tribunal earlier also asked the power plants to provide fly ash free of cost taking into account environmental protection.

Again, on February 22, 2022, the Power Ministry issued an advisory reiterating its earlier decision of asking the thermal power plants to provide fly ash through bidding process only.

Questioning the fresh advisory, Amaravathi Fly Ash Brick Manufacturers, filed a petition in the NGT, who contended that the Ministry advisory is not only a deliberate attempt to turn down the Tribunal earlier order but is also counterproductive in promoting 100 per cent utilisation of fly ash.

Fly ash consumed by the user segment, be it cement, concrete or brick manufacturers, saves enormous costs to thermal power plants. The Ministry of Power should encourage thermal 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, the petitioner said.

The Tribunal said prima facie, it appears that Advisory dated February 22, 2022 has been issued not only in flagrant violations of the directions given by the Tribunal but also without consulting Ministry of Environment and stakeholders.