Order of the National Green Tribunal (Central Zone Bench, Bhopal) in the matter of Budhsen Rathore Vs Union of India & Others dated 21/03/2023.

The matter related to ash dyke breach of the Chachai ash pond of Amarkantak thermal power station in district Anuppur, Madhya Pradesh which is operated by Madhya Pradesh Power Generation Company Limited (MPPGCL). The ash dyke breach took place on the morning of February 11, 2022.

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The NGT directed the Madhya Pradesh Pollution Control Board (MPPCB) for raising the ash dyke height. Further, the industry should not discharge wastewater and seepage water from the ash pond into the Tanki nalla. The industry has been asked to construct a permanent concrete check dam of large size capacity on the Tanki nalla to prevent meeting of the seepage water from the ash pond into river Sone. The industry has been asked to submit the action plan for ash utilization for 3 years and use vehicles having automatic covering systems for fly ash transportation.

The NGT asked the industry to deposit the greenhouse gas emission and related costs with the district collector along with the other compensation assessed and announced by the revenue department. "There is an urgent need to augment the utilization and disposal of fly ash in the state of Madhya Pradesh. The state government must fix responsibility and may ask to all power plants of the area as to how they would address this issue," the NGT order said. The tribunal suggested that in order to establish a new avenue of ash utilization, there was a need for transportation of wet fly ash in railway wagons.