Order of the National Green Tribunal in the matter of Ajay Shrivastava Vs State of Haryana dated 18/12/2023.

The original application is registered on the basis of a letter petition raising the issue of disposal of fly ash lying at the site of Aravali Range in violation of Aravali Notification dated May 7, 1992, by MoEF&CC restricting certain activities in specified areas of Aravalli Range, even after closure of power house, Bata Chowk, Faridabad.

Faridabad Thermal Power Station in its reply, December 15, 2023 said that approximately  about 18 lakh MT and 45 lakh MT of ash was deposited respectively in two ash dykes, termed as old ash dyke and new ash dykes. A chart has been placed along with said reply which showed that from April 2023 to November 2023, only 4.509 lakhs MT of fly ash has been lifted by two parties with whom agreements have been entered into by the project proponent.

These facts show that a very huge quantity of fly ash of more than 58 lacs MT is still lying deposited in two ash dykes. Counsel for Project Proponent, however, stated that in the past substantial quantity of fly ash has already been removed and total quantity is not about 58 lakh MT but much less than that. However, necessary facts to support the said statement are not on record.

Counsel for Project Proponent requested to allow him to file a supplementary reply giving all relevant facts to show as to what is the approximate total quantity of fly ash still lying deposited in two ash dykes. The court granted him three days time and directed the matter to be put up on December 22, 2023.