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Court suspends stay on fly ash removal

Special Correspondent

CHENNAI: The Madras High Court, which on December 14, 2007 stayed the removal of fly ash at the four thermal power plants in the State, suspended the order on Thursday enabling units to remove it for a period of two weeks.

Justice V. Dhanapalan ordered the suspension of the stay for two weeks following a submission from Advocate-General G. Masilamani, who represented the Tamil Nadu Electricity Board (TNEB), that accumulation of fly ash would lead to many problems and cause adverse impact on environment.

The Advocate-General suggested that the stay could be suspended for a limited period and the power plants directed to remove fly ash. Other senior counsel said the Board could hold discussions with the parties concerned and come out with an appropriate solution.

Acceding to the submissions, Mr. Justice Dhanapalan asked the TNEB to call all parties concerned for a meeting within two weeks. The outcome of the meeting shall be intimated to the court.

The matter relates to a writ petition filed by the Tamil Nadu Fly Ash Bricks and Blocks Manufacturers Association, which said the thermal plants were diverting a huge quantity of fly ash to traders, exporters and middlemen for a huge profit.

Referring to a Government Order stipulating that the waste material should be given to manufacturers of fly-ash-based construction materials free of cost, the petitioner-association said that only 40 per cent of the required 2,400 tonnes of fly ash was made available to manufacturers.

Citing a provision in the Central notification empowering the State Pollution Control Boards to initiate penal action against manufacturers who had not utilised the fly ash in bricks and blocks, the petitioner said the authorities remained mute spectators to the violation.

The association prayed for a direction to the thermal stations to make available the required quantity of fly ash to manufacturers of fly ash-based bricks and blocks, and to restrain the authorities concerned from removing fly ash during the pendency of the writ petition.

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