Fly Ash Manufacturers moves Delhi HC; raise objections to MoEFCC's draft notification

The Association of fly ash manufacturers has moved the Delhi High Court. They have sought direction to decide the representation recently filed by the petitioner association. They also raised several objections to the said Draft Notification dated April 22, 2021. The plea states that the Union Ministry of Environment, Forests and Climate Change (MoEFCC)  has recently issued a draft notification. The changes incorporate are not only detrimental in protecting and conserving the environment and topsoil but is also failing in the prevention of dumping and disposal of fly ash.

The plea stated that while issuing Draft Notification, the Union Ministry of Environment, Forests and Climate Change has not taken any views of the fly ash committee constituted by the NITI Aayog Order passed in 2018 and has not included the suggestions made by NITI Aayog. The notification has failed to take cognizance of its previous Notifications and has also ignored the basic features, object, purpose and intent of its earlier Notifications. This point was mentioned in the plea as well.

Fly Ash manufacturer association moved Delhi High Court 

A hearing was held on July 28, during which a  bench of Justice Rekha Palli took note that the Petitioner association is a major stakeholder and concern respondent ministry did not include the Petitioner in the consultation process with respect to fly ash notification. After hearing both sides in the matter, the Court directed UOI through the Union Ministry of Environment, Forests and Climate Change and others to clarify their stand before the next date of hearing. The next hearing is scheduled to be on August 13.

Changes proposed by MoEFCC detrimental to topsoil and don't stop dumping and disposal of fly ash

Senior Advocate Vibha Dutta Makhija and Advocate Gaurav Kumar Bansal appeared for the petitioner association. Advocate Anurag Ahluwalia (Central Govt Standing Counsel) with Advocate Abhigyan Siddhant appeared for respondents in the matter. Plea mention that on dated 26/06/2021, the petitioner association dashed a representation to MoEFCC. The petitioner association not only highlighted all the grievances but also requested it to actively involve and consult NITI AAYOG as well as Ministry of Micro, Small and Medium Enterprises, Government of INDIA before taking any final call with respect to the issue of Draft Notification dated April 22, 2021.

(IMAGE: FACEBOOK/ AP FLY ASH BRICKS/ PIXABAY)