Fly Ash Notification: Manufacturer association moved Delhi HC, raises several objections
Jul 31, 2021
New Delhi [India], July 31 : The Association of fly ash manufacturer has moved the Delhi High Court and sought direction to decide the representation recently filed by the petitioner association and raised several objections on the said Draft Notification dated April 22, 2021.
The plea states that the Union Ministry of Environment, Forests and Climate Change (MoEFCC) has recently issued a draft notification with the changes incorporate are not only detrimental in protecting and conserving the environment and topsoil but is also failing in prevention of dumping and disposal of fly ash.
The said notification has not only failed to take cognizance of its Earlier Notifications but has also ignored the basic features/object/purpose /intent of its preceding Notifications, plea stated.
A bench of Justice Rekha Palli in a hearing held on July 28, took note that the Petitioner association is a major stakeholder and concern respondent ministry did not include the Petitioner in the consultation process with respect to fly ash notification.
After hearing both the sides, Court directed UOI through MoEFCC and others to clarify their stand before the next date of hearing dated August 13.
Senior Advocate Vibha Dutta Makhija along with Advocate Gaurav Kumar Bansal appeared for petitioner association while Advocate Anurag Ahluwalia (Central Govt Standing Counsel) with Advocate Abhigyan Siddhant appeared for respondents in the matter.
The plea states that while issuing Draft Notification MoEFCC has not taken any views of the fly ash committee constituted by the NITI Aayog Order passed in 2018 and has not included the suggestions made by NITI Aayog.
Plea mention that on dated 26/06/2021, petitioner association dashed a representation to MoEFCC wherein petitioner association not only highlighted all the grievances but also requested it to actively involve and consult NITI AAYOG as well as Ministry of Micro, Small and Medium Enterprises, Government of INDIA before taking any final call with respect to the issue of Draft Notification dated April 22, 2021.
