Delhi HC issues notice to Environment Ministry, Ministry of Coal, CBCP and others

The Delhi HC issued a notice to the Ministry of Environment (MoEF), Ministry of Coal, the governments of UP, Delhi, Central Pollution Control Board (CPCB) and others on July 9. The notice was regarding a plea alleging fly ash disposal causing air, water and soil contamination due to the use of red bricks in the construction projects by public and private parties instead of using fly ash bricks. This was a violation of precious judgements and legal notifications issued since 1999.

Delhi HC issues notice to Environment Ministry

A Division Bench comprising Chief Justice DN Patel and Justice Jyoti Singh listed the matter for hearing on August 27 and asked the Environment Ministry, Ministry of Coal,  governments of Uttar Pradesh, Delhi, CPCB and others to file a petition. The PIL was filed by Vimlendu Jha through Advocates Nipun Katyal and Avishkar Singhvi. The plea sought direction from the respondents on the law regarding Fly-Ash bricks.

The petitioner also added the concerns regarding the disposal of fly ash with regards to the greater public good and health and well being of society. 

History of the red brick issue and current status

As per reports, red bricks - reportedly the most used bricks in the country - are known to cause air, water and soil pollution. The first notification from MoEF in 1999 stated that within a radius of 50 km from coal-based or lignite based thermal power plants, these red bricks should only be produced by mixing at least 25% of fly ash. The legal mandate on this matter places obligations on government agencies, private manufacturers, and thermal power plants to work in a cooperative manner to safely dispose of fly ash together and work towards conservation of topsoil on the ground, which is used for the manufacture of red bricks. As per ANI, the petition is seeking adherence to this legal management and seeking directions as well against specific government authorities to enforce Environment Protection Act.

(IMAGE: PTI/REPRESENTATIVE IMAGE/ANI)