Despite the Union Ministry of Environment, Forest, and Climate Change's (MoEFCC) 2021 directive mandating the 100% utilisation of fly ash by coal-fired thermal power plants, recent cases registered with the National Green Tribunal (NGT) reveal ongoing challenges in the proper disposal of fly ash.

In a case filed by Mohan Singh against the State of Haryana, the NGT was informed that the Panipat Thermal Plant failed to scientifically manage fly ash, causing damage to nearby agricultural fields. While the power plant provided tube wells as compensation, electricity connections to these wells were severed, leading to continued slurry overflow. The NGT directed the Haryana Pollution Control Board to ensure corrective action in consultation with stakeholders.

Another case, Ajay Shrivastava vs State of Haryana, highlighted violations by the Faridabad Thermal Power Station. The NGT observed non-compliance with MoEFCC's Aravalli notification, stressing on the lack of a concrete plan for lifting coal ash from the ash dyke and inadequate measures for fly ash stabilisation.

The matter of Ashwani Kumar Dubey vs Union of India revealed a longstanding issue, with thermal power plants in Singrauli district causing mercury discharge, ailments, and environmental pollution due to fly ash mismanagement. Despite previous interventions, an oversight committee reported illegal ash pond overflow and emphasised precautions for red mud disposal.

In January 2022, the NGT addressed eight similar cases regarding pollution from coal thermal power plants in Singrauli and Sonebhadra. A joint committee identified significant gaps in fly ash management, leading to recommendations for remedial actions. The NGT directed the formation of a Fly Ash Management and Utilisation Mission.

While the NGT allowed concerned parties access to the committee's recommendations, objections were filed in the Supreme Court, citing a violation of the principles of natural justice. The recurring non-compliance underscores the challenges in bridging the gap between legal mandates and execution.

These cases highlight the need for a more robust compliance system within the NGT, highlighting the importance of overcoming challenges to ensure the tribunal's efficiency and adherence to its environmental jurisprudence mandate.