Government Policies on Flyash Bricks
Regarding Fly Ash Bricks
Different Notification are published by Government
We can See:-
1. Notification of Ministry of Environment and Forest, New Delhi No.563 Dated 14th Sept. 1999.
2. Notification of Ministry of Environment and Forest, New Delhi Dated 27th Aug. 2003.
3. Policy Note- 2005-06 demand no. 38 PWD, Irrigation and Building Organization.
4. In the Honorable High Court of Jharkhand W.P.(C) No. 6174 of 2006 (Pending).
5. G.O. No. 617 Dated 18-8-1998 of Government of Andhra Pradesh.
6. G.O. No. 236 Dated 10-7-1998 of Government of Andhra Pradesh.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CWP NO. 2145/99
On 10.3.2004 this court noticed that in the year 1997. Govt. of India issued a notification, which was published in extraordinary Gazette dated 14.9.S9 as it was necessary to protect environment, conserve topsoil and there was a need for restraining the excavation of topsoil for manufacture bricks and for promoting the manufacture of bricks by fly ash in building material and in construction activity within specified radius of 50 K.M. from coal or thermal power based plants. The court also noticed the guidelines and also noted that if the fly ash which is deposited is used for manufacturing of bricks, about 780 billion bricks can be manufactured, whereas the total national requirement is about 55 billion bricks per year.
Keeping in view that aspect the Court directed that if the proper use of fly ash is made it would help a lot in preserving the environment and would also be cheaper to the other products and in the process the country will preserve the topsoil. Therefore, another notification dated 27.8.2003 was issued by the Government of India where instead of ’50 Kilometers’ radius ‘one hundred Kilometers’ was introduced. Pursuant to the direction issued by the court, an affidavit has been filed by the Union of India stating inter alia that the CPWD has started using bricks manufactured from fly ash. The affidavit is silent whether in terms of tender specification it has been made mandatory by the CPWD that the use of fly ash within a radius of hundred kilometer from where such power station are situated has been made mandatory by the CPWD or not. Respondent/UOI has not filed affidavit as to why the same has not been done by the CPWD, Similarly, in relation to Military Engineering. The Military Engineering Service will use fly ash bricks up to hundred percent in respect of construction of building within a radius of 50 kilometer and 50% from 50 to 100 kilometer by 31.08.05 but the affidavit is silent about the relevant data as to how many bricks have been used by the Military Engineering /service, whether the same made mandatory or not has also not been stated. The affidavit is totally vague and only on the basis of the North East it is stated that it is difficult to give the quantity of fly ash bricks used. This tantamount to praying lip service to the order passed by this Court and non-compliance of the notification issued by Government of India in the year 1999. We direct the respondent/UOI to file a compliance and exhaustive details in this regard the next date of hearing.
With regard to the implementation of the notification by the State Government, it has been stated in the affidavit that Gujarat, Karnataka, Maharashtra, Rajasthan, Chhattisgarh and Pondicherry have only submitted the information.
With regard to other States Assam, Bihar, Himachal Pradesh, Jharkhand, Madhya Pradesh, Orissa, Uttaranchal, Uttar Pradesh and West Bengal up to date information has not been submitted. This court had directed that the State Pollution Control Board shall not allow the operation of brick kilns located within 50 Kilometer of Thermal Power Station and 100 Kilometer w.e.f 31.8.2004 with a further direction that if the brick manufactures mix at least 25% fly ash in the manufacture clay bricks, the manufactures may be permitted to carry on the activities and it was also made clear that this condition would not apply in cases of non availability of fly ash or where the bricks manufactures are otherwise, exempt under the aforesaid notification. It was the duty of the State Pollution Control Board to have obtained the necessary data and issue notification and guidelines in terms of notification of Government of India, issued in the year 1999 and direction passed by this court. To say the least, the State Pollution Control Boards have not filed any report in this regard till this date. The court vide order dated 5.8.04 have directed the SPCB to file up data details within four weeks with regard to the steps taken by the State Control Board.
Renotify on 19.4.2006
Dated: Feb 14/2006.