Tribunals and CommissionsFull Bench(2021) 11 NGT CK 0010

Fly Ash Brick Manufacturers Association vs NTPC Limited Dadri & Ors

National Green Tribunal · Decided on 9 November 2021

HON’BLE JUDGES
Sudhir Agarwal, JM · Brijesh Sethi, JM · Dr. Nagin Nanda, EM
RESULT
Dismissed
CASE NUMBER
Original Application No. 276 Of 2021

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Judgment

4 paragraphs · 231 words
1.

This is an application under Sections 14 and 15 of National Green Tribunal Act, 2010 filed by Fly Ash Brick Manufacturers Association being aggrieved by letter dated 22.09.2021 issued by respondent 2 i.e. Aravali Power Company Limited (APCPL) complaining that the said letter is contrary to the Ministry of Environment, Forest and Climate Change Notification of 1999 as amended from time to time and also contrary to the observations of this Tribunal in O.A. No. 117/2014, Shantanu Sharma v. Union of India & other connected matters.

2.

The above letter provides for supply/delivery of fly ash by adopting bidding process. The grievance of the applicant's Brick Kiln Association is that they are entitled to have supply of fly ash on priority basis and that too free of cost as per the policy of MoEF&CC.

3.

We find that no substantial question relating to environment arising from implementation of statutes under Schedule II of the NGT Act, 2010 has arisen in as much as members of applicant's Associations are dealing in business of manufacturing fly ash bricks and for their commercial interest this application has been filed. The issue pertains to the manner of availability of raw material for produce of applicant's members and as such has nothing to do with environment. Remedy lies elsewhere and this is not a matter within the jurisdiction of this Tribunal.

The application is rejected.