W.P.(C) 1949/2023

Page 1 of 7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Decision: 17.10.2023

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W.P.(C) 1949/2023 and CM APPL. 7440/2023

PUNJAB STATE POWER CORPORATION LIMITED..... Petitioner

Through:

Mr. Bharat Sangal, Sr. Adv. with

Ms.Babita Kushwaha, Adv.

versus

UNION OF INDIA THROUGH SECRETARY, MINISTRY OF

ENVIRONMENT, FOREST AND CLIMATE CHANGE

..... Respondent

Through:

Mr. Asheesh Jain, CGSC with

Mr.Gaurav Kumar and Mr. Mimansak

Bhardwaj, GP

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MR. JUSTICE SANJEEV NARULA

SATISH CHANDRA SHARMA, CJ. (ORAL)

1.Pertinently, the Petitioner i.e., the Punjab State Power Corporation

Limited is a state government owned entity which established and

operated 3 (three) thermal power plants (“TPPs”), namely (i) Guru

Nanak Dev Thermal Plant, Bhatinda (“GNDTP”); (ii) Guru Gobind

Singh Super Thermal Plant, Ropar (“GGSSTP”); (iii) Guru Hargobind

Thermal Plant, Lehra Mohabat (“GHTP”). Thereafter, with effect from

01.01.2018, GNDTP was decommissioned and accordingly, the

Petitioner now operates 2 (two) TPPs i.e., GGSSTP and GHTP.

2.Aggrieved by the issuance a notification dated 31.12.2021 issued by the

Ministry of Environment, Forest and Climate Change (the “MoEF&CC”

Digitally Signed

By:BHUPINDER SINGH

ROHELLA

Signing Date:06.11.2023

15:18:22

Signature Not Verified

W.P.(C) 1949/2023

Page 2 of 7

or “Respondent”), whereunder a comprehensive framework pertaining

to the utilization and disposal of „fly ash‟ by TPPs has been framed (the

“Impugned Notification”), the Petitioner has preferred this writ petition.

3.Before we proceed, it would be necessary to appreciate the surrounding

circumstances which have led to the filing of the present writ petition:

(a)On 14.09.1999, the Respondent issued a notification bearing

number: S.O. 763 (E) directing TPPs to provide „fly ash‟ free of cost

to persons engaged in (i) construction; and (ii) manufacturing of

bricks for a period of 10 (ten) years in a bid to curb the harmful

impact of untreated „fly ash‟ on the environment and public health

(the “1999 Notification”). Thereafter, the 1999 Notification came to

be amended from time-to-time with the expectation to ensure 100%

(one hundred per cent) utilization of „fly ash‟.

(b)Subsequently, the National Green Tribunal (“NGT”) vide an order

dated 20.11.2018 (the “First NGT Order”) in Original Application

bearing number 102 of 2014 titled „M/s Sandplast (India) Ltd. &

Anr. v. Ministry of Environment Forest & Ors.‟, (the “OA”)

directed inter alia the Respondent; and Central Pollution Control

Board (“CPCB”); and Indian Institute of Technology (“IIT”),

Roorkee

to

constitute

a

joint

committee

constituting

of

representatives of the aforesaid institutions (the “Committee”) and

finalize an action plan encompassing all aspects pertaining to

utilisation and disposal of „fly ash‟(the “Action Plan”).

(c)Thereafter, the Petitioner herein preferred an appeal before the

Hon‟ble Supreme Court of India (“Supreme Court”) against the

Digitally Signed

By:BHUPINDER SINGH

ROHELLA

Signing Date:06.11.2023

15:18:22

Signature Not Verified

W.P.(C) 1949/2023

Page 3 of 7

First NGT Order vide a Civil Appeal (“CA”) number 1472 of 2019

titled „Punjab State Power Corporation Ltd. v. Sandplast (India)

Ltd.‟ contending that it was not made a party in the underlying OA

and accordingly, the Supreme Court vide an order dated 28.01.2019

disposed of the aforementioned appeal, granting the Petitioner liberty

to file (i) an appropriate application for impleadment in OA before

the NGT; and (ii) an application to place on record an affidavit

delineating the steps taken by Petitioner in furtherance of the 1999

Notification (the “First Supreme Court Order”).

(d)Accordingly, in furtherance of the First Supreme Court Order, the

Petitioner filed application(s) before the NGT. Vide an order dated

12.03.2019, the NGT granted the Petitioner liberty to put forward its

gri