Delhi HC issues notice to Environment Ministry, state govts over air, water, soil pollution due to red bricks

By Sushil Batra
New Delhi [India], July 9 : Delhi High Court on Friday issued notice to the Ministry of Environment, Forest and Climate Change (MoEF), Ministry of Coal, governments of Uttar Pradesh, Delhi, Central Pollution Control Board (CPCB) and others on a plea alleging fly ash disposal causing air, water and soil contamination due to use of red bricks in the construction projects by public and private parties instead of using fly ash bricks, in violation of the past judgements and notifications in this regard, starting from 1999.
A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh asked Environment Ministry and others to file a reply on the petition and listed the matter for August 27.
The PIL filed by Vimlendu Jha through Advocates Avishkar Singhvi and Nipun Katyal seeking enforcement of prevailing law on the subject and passing of other necessary orders to give effect to the environmental objectives envisaged by courts and government bodies under the present existing regime.
The plea sought direction from the respondents to ensure the mandate of law in the country pertaining to Fly-Ash bricks is followed in letter and spirit. The Petitioner has also been raising the issue of dumping of fly ash in the floodplains of the river Yamuna since the year 2000 having advocated its safe disposal and recycling.
The petitioner further added that he is concerned about the issue related to fly ash disposal for the greater public good and for the health and well-being of society and has decided to approach this court after representing the issues arising herein, please said.
The legal mandate casts specific obligations on government agencies, private brick manufacturers and thermal power plants to work in an aligned and cooperative manner in order to achieve the avowed twin objective of safe disposal of fly ash together with and conservation of the top soil of earth (used to make red bricks), please said.
The legal mandate started in the year 1999 by an order of Delhi High Court and was codified in the form of several notifications issued by the MoEF starting in 14.09.1999 through 2003, 2009 and finally 2016. There is a draft notification of 2019 currently pending consideration which further strengthens such mandate.
The Petition is seeking adherence to this benevolent legal mandate and therefore seeking directions against specific tenders and government authorities to enforce the object of the Environment Protection Act.