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2025 Supreme(Online)(NGT) 477

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, HON’BLE DR. AFROZ AHMAD, JJ
AMARAVATI FLY ASH BRICKS MANUFACTURERS ASSOCIATION – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Petitioner:ADVOCATE NANDITA BANSAL
For the Respondent:

ORDER

1. The applicant-Amaravati Fly Ash Bricks Manufacturers Association filed O.A. No. 327/2022 for quashing of office order dated 22.02.2022 issued by respondent no. 4, office order dated 16.03.2022 issued by respondent no. 5 and issue direction to respondent no. 4 to direct all thermal power plant to maximize fly ash consumption.

2. The applicant-Tamil Nadu Fly Ash Brick and Block Manufacturer Association filed O.A. No. 878/2022 to direct respondents no. 6 to 18 not to sell fly ash in violation of order dated 25.08.2022 passed in O.A. No. 327/2022 and to direct Ministry of Power not to implement its advisory dated 22.02.2022.

3. MoEF&CC amended notification dated 31.12.2021 vide notifications dated 30.12.2022 and 01.01.2024. Para D (4) of the notification dated 01.01.2024 which is relevant to the environmental questions involved reads as under:-

“The coal or lignite based thermal power plants, while utilising ash under this notification shall reserve certain percentage of ash for supply to all micro and small enterprises engaged in ash based product manufacturing namely, bricks, blocks, tiles, sintered or cold bonded ash aggregates, fiber cement sheets, pipes, boards, panels for sa

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