NGT Ashdyke Petition 2

BEFORE THE HON’BLE
NATIONAL GREEN TRIBUNAL,

CENTRAL ZONAL BENCH AT BHOPAL(M.P.)
ORIGINAL APPLICATION NO. OF 2019
In the matter of
Ram Naresh Shah & Others ……APPLICANTS
-VERSUS-
Union of India & Others …RESPONDENTS
INDEX
S.No. Particulars Ann. Page No.

1. Compilation no. I
2. Synopsis
3. Chronological events
4. Original Application under
Section 18(1) read with the
Sections 14 & 16 National Green
Tribunal Act, 2010.
5. Affidavit
6. Compilation no. II
7. List of documents
8. A Copy of the newspaper
A/1
clippings advertising for public
hearing pertaining to acquisition
9. A Copy of the objection given to
A/2
land acquisition officer
10. Vakalatnama
11. Court Fees
(PRABHANSHU SHUKLA)
PLACE:Jabalpur
DATED:20/05/2019 COUNSEL FOR APPLICANTS
Bunglow no.1 Behind Police Controlroom, Near

Ghantaghar, Jabalpur (M.P.)- 482001
In the matter of
-VERSUS-
COMPILATION NO. I

1. Synopsis
2. Chronological events
3. Original Application under Section
18(1) read with the Sections 14 & 16
National Green Tribunal Act, 2010.
4. Affidavit.
5. Compilation no. II
7. A Copy of the newspaper clippings
A/1
advertising for public hearing
pertaining to acquisition
8. A Copy of the objection given to land
A/2
acquisition officer
9. Vakalatnama.
10. Court Fees
(PRABHANSHU SHUKLA)
PLACE: Jabalpur
DATED : 20/05/2019 COUNSEL FOR APPLICANTS
Bunglow no.1, Behind Police Controlroom, Near

In the matter of
-VERSUS-
SYONPSIS
The present Application seeks to raise substantial question of
environment before this Hon’ble Tribunal and highlighting the
problems arising out of acquisition of land in Villages
Gadhara & Sasan, District Singrauli, (M.P.), by the National
Thermal Power Corporation, Singrauli (hereinafter referred as
NTPC, Singrauli), for the purpose of construction of Ash dyke
dam. It is pertinent to mention that to this extent public
hearing was conducted under Section 5 of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, on 23rd January,
2019. There is particular non-observance of the notification
issued by the Ministry of Environment, Forest and Climate

Change (herein after referred as MoEF&CC) with regard to Fly
Ash as well as violation of the provisions of the Environment
(Protection) Act, 1986 (herein after referred as EP Act) and the
Rules made thereunder as also the Water (Prevention &
Control of Pollution) Act, 1974 (in short referred to as Water
Act) and the Air (Prevention & Control of Pollution) Act, 1981
(in short referred to as Air Act) in the instant case.
That it is respectfully submitted that Village Gadhara &
Sasan are highly densely populated as around 20,000 people
reside in these villages. That vide letter dated 23.01.2019
given to the land acquisition officer, the people residing in
these villages objected to the acquisition of land in Village
Gadhara & Sasan for construction of Ash dyke dam.
That there can be no denial to the fact that allowing
construction of Ash dyke dam will have dangerous impact on
the environment as well as health and livelihoods of the
people residing in village Gadhara & Sasan, District
Singrauli, (M.P.). Thus by applying the precautionary
principle, the Ash dyke dam must not be allowed to construct
on the present site and it must be shifted away from the
present site to the barren land.
That the Respondents have miserably failed in their duty
of providing pollution free environment under the Article 21 of
the Constitution of India. They have also failed in adhering to
the directive enshrined in Article 48-A of the Constitution of
India that the “State shall endeavour to protect and improve

the environment and to safeguard the forests and wild life of
the country.”
(PRABHANSHU SHUKLA)
PLACE: Jabalpur COUNSEL FOR APPLICANTS

DATED : 20/05/2019
Bunglow no.1 Behind Police Controlroom,
Near Ghantaghar, Jabalpur (M.P.)- 482001
In the matter of
-VERSUS-
CHRONOLOGICAL EVENTS
DATE EVENTS
23/01/2019 The present Application seeks to raise substantial question of

environment before this Hon’ble Tribunal and highlighting the
problems arising out of acquisition of land in Village Gadhara
& Sasan, District Singrauli, (M.P.), by the National Thermal
Power Corporation, Singrauli (hereinafter referred as NTPC,
Singrauli), for the purpose of construction of Ash dyke dam.
It is pertinent to mention that to this extent public hearing
was conducted under Section 5 of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013, on 23rd January,
2019. It is respectfully further submitted that Village
Gadhara & Sasan are highly densely populated as around
20,000 people reside in these villages and the construction of
Ash dyke dam will have dangerous impact on the
environment as well as health and livelihoods of the people
residing in these villages. There is particular non-observance
of the notification issued by the Ministry of Environment,
Forest and Climate Change with regard to Fly Ash as well as
violation of the provisions of the Environment (Protection) Act,
1986 and the Rules made thereunder as also the Water
(Prevention & Control of Pollution) Act, 1974 and the Air
(Prevention & Control of Pollution) Act, 1981 in the instant
case.
(PRABHANSHU SHUKLA)

DATED : 20/05/2019
Between:
1. Ram Naresh Shah, S/o Narayan Das Shah, Aged 49 Years,
R/o Village Sasan, Post Tiyara, District Singrauli (M.P.),
Occupation- Agriculture.
2. Praduman Kushwaha Shah, S/o Ram Govind Shah, Aged 36
Years, R/o Village Sasan, Post Tiyara, District Singrauli (M.P.),
3. Ram Jatan Shah, S/o Vishnu Shah, Aged 56 Years, R/o
Village Sasan, Post Tiyara, District Singrauli (M.P.),
4. Kamla Prasad Panika, S/o Narayan Panika, Aged 56 Years,
5. Ram Raksha Shah, S/o Sheshamani Shah, Aged 36 Years,
6. Radheshyam Shah, S/o Bholanath Shah, Aged 38 Years, R/o
7. Pankaj Ku. Shah, S/o Seeta Ram Shah, Aged 29 Years, R/o
8. Lallu Prasad Shah, S/o Ram Gopal Shah, Aged 39 Years, R/o
9. Jiya Ram Shah, S/o Raj Lal Shah, Aged 44 Years, R/o Village
Sasan, Post Tiyara, District Singrauli (M.P.), Occupation-
Agriculture.
10. Jas Lal Shah, S/o Jawahir Lal Shah, Aged 44 Years, R/o
Village Gadhara, Post Tiyara, District Singrauli (M.P.),
11. Shyam Sunder Shah, S/o Shiv Shankar Shah, Aged 47 Years,
R/o Village Gadhara, Post Tiyara, District Singrauli (M.P.),
12. Shiv Shankar Shah, S/o Vishwanath Shah, Aged 68 Years,
13. Mohan Lal Shah, S/o Sandhari Shah, Aged 30 Years, R/o
14. Ram Prasad Shah, S/o Dadai Prasad Shah, Aged 35 Years,
15. Nand Lal Shah, S/o Shankha Lal Shah, Aged 49 Years, R/o
16. Ram Dayal Shah, S/o Dadai Prasad Shah, Aged 30 Years, R/o
17. Ram Chandra Shah, S/o Babai Prasad Shah, Aged 31 Years,
18. Lale Prasad Shah, S/o Shiv Dayal Shah, Aged 38 Years, R/o
19. Arvind Kumar Shah S/o Ram Avtar Shah, Aged 36 Years, R/o
20. Kanhaiya Lal Shah S/o Ram Tambkal Shah, Aged 48 Years,
Occupation- Teacher. ……………………. Applicants
And
1. Union of India
Through Ministry of Environment, Forest & Climate Change,
Indira Paryavaran Bhavan,
Jorbagh Road,
New Delhi
Pincode: 110003
2. Department of Housing and Environment,
Government of Madhya Pradesh,
E-5, Arera Colony,
Bhopal, Madhya Pradesh
Pincode:462016
3. The Collector,
Singrauli H.O.
Singrauli (M.P.)
Pin: 486001
4. Sub Divisional Officer (Revenue),
Tehsil Singrauli,
Distt. Singrauli (M.P.)
Pincode: 486001
5. Chairman & Managing Director,
National Thermal Power Corporation Limited(NTPC),
Core-7, 2nd Floor,
Scope Complex, 7- Institutional Area, Lodi Road,
New Delhi
Pincode:110003
6. Group General Manager,
NTPC, Singrauli,
P.O. Shakti Nagar,
DISTT. Sonebhadra (UP)
Pincode: 231222
………………….Respondents
MEMORANDUM OF APPLICATION
(Under Section 18(1) read with the Sections 14 & 16
National Green Tribunal Act, 2010)
It is humbly submitted by the Applicants as under:
1. The address of the Applicants are given above for the service
of notice of this application.
2. The Applicants resides within the jurisdiction of the
Hon'ble Tribunal.
3. The addresses of the Respondents are given above for the
service of notices of this application.
4. JURISDICTION OF THE TRIBUNAL:

The Applicant declares that the cause of action arises within the
jurisdiction of the Tribunal.
5. FACTS OF THE CASE ARE ENUNCIATED HEREIN AS

FOLLOWS FOR THE READY REFERENCE OF THIS
HON’BLE COURT:
The Applicants humbly submits as under:
5.1 That the Applicants are residents of Village Gadhara &
Sasan, District Singrauli, (M.P.) and the construction of
Ash dyke dam will directly affect the environment as
well as health and livelihoods of the people residing in
these villages.
5.2 That the Singrauli is known as energy capital of
Madhya Pradesh located in the north-eastern part of
Madhya Pradesh. Singrauli is a city in Singrauli
district in the state of Madhya Pradesh and
Commissionaire of Rewa. Singrauli region has been
identified as a critically polluted area (CPA) by the
MoEF&CC. Incremental coal mining activities in the

region and the rapid development of coal-based
thermal power plants has resulted in acute air and
water pollution, leading to serious health problems
among the residents of the locality, which remain
unaddressed. With the coming up of many more power
companies the problem is expected to increase.
5.3 That the present petition is directed against the
acquisition of land in Village Gadhara & Sasan, District
Singrauli, (M.P.), by the National Thermal Power
Corporation, Singrauli (hereinafter referred as NTPC,
Singrauli), for the purpose of construction of Ash dyke
dam resulting in various kinds of pollutions such as
land, water and air pollution. It is pertinent to mention
that to this extent public hearing was conducted under
Section 5 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, on 23rd January, 2019. Copy of
the newspaper clippings advertising for public hearing
pertaining to acquisition is annexed herewith as
Annexure A/1.
5.4 That vide letter dated 23.01.2019 given to the land
acquisition officer, the people residing in Village
Gadhara & Sasan objected to the acquisition of land in
these villages for construction of Ash dyke dam. Copy
of the letter dated 23.01.2019 pertaining to objection is
annexed herewith as Annexure A/2. It is respectfully
submitted that Village Gadhara & Sasan are highly
densely populated as around 20,000 people reside in

these villages and the construction of Ash dyke dam
will directly affect the environment as well as health
and livelihoods of the people residing in these villages.
5.5 That the construction of Ash dyke dam will be blatantly
violating the provisions of the Environment (Protection)
Act, 1986, Water Air (Prevention & Control of Pollution)
Act, 1974, Air (Prevention & Control of Pollution) Act,
1981 and notification issued with respect to utilisation
of flyash by MoEF&CC. There is dire need of strict
compliance of these statues and kind indulgence from
this Hon’ble Tribunal so that the situation can be
controlled before any irreparable harm and injury is
caused to the lives, environment and surroundings of
the people residing in Village Gadhara & Sasan,
District Singrauli, (M.P.).
5.6 That ash is a coal combustion product that is
composed of the particulates (fine particles of burned
fuel) that are driven out of coal-fired boilers together
with the flue gases. Ash that falls to the bottom of the
boiler is called bottom ash. In modern coal-fired power
plants, ash is generally captured by electrostatic
precipitators or other particle filtration equipment
before the flue gases reach the chimneys. Together
with bottom ash removed from the bottom of the boiler,
it is known as coal ash. Depending upon the source
and composition of the coal being burned, the
components of ash vary considerably, but all ash
includes substantial amounts of silicon dioxide (SiO2),

aluminium oxide (Al2O3) and calcium oxide (CaO), the
main mineral compounds in coal-bearing rock strata.
5.7 That the coal contains trace levels of elements such
as arsenic, barium, beryllium, boron, cadmium, chromi
u-m, thallium, selenium, molybdenum and mercury,
many of which are highly toxic to humans and other
life. Therefore, ash obtained after combustion of this
coal contains enhanced concentrations of these
elements.
5.8 That the potential of the ash to cause groundwater
pollution is significant. In the USA there are
documented cases of groundwater pollution that
followed ash disposal or utilization without the
necessary protection having been put in place. For
example, a December 2008 Maryland court decision
levied a $54 million penalty against Constellation
Energy, which had performed a "restoration project" of
filling an abandoned gravel quarry with flyash; the ash
contaminated area waterwells with heavy metals.
5.9 That ash particles (a major component of coal ash) can
become lodged in the deepest part of your lungs, where
they trigger asthma, inflammation and immunological
reactions. In addition, respirable crystalline silica in
coal ash can also lodge in the lungs and cause silicosis
or scarring of lung tissue, which can result in disabling
and sometimes fatal lung disease and cancer. Lastly,
the presence of heavy metals in coal ash, such as lead,
arsenic and hexavalent chromium, and the

radioactivity of some ashes may increase the harm
caused by inhalation.
5.10 That it is pertinent to mention that agriculture is the
main occupation of the people residing in the Village
Gadhara & Sasan, District Singrauli, (M.P.). About 90%
of the land of Village Gadhara & Sasan is irrigated. The
construction of Ash dyke dam will directly affect the
livelihoods of people as the land being acquired is multi
crop irrigated land. There is danger that deposition of
ash can directly leach into the crops converting them
into toxins. This will further increase the health risks
associated with it.
5.11 That there can be no denial to the fact that allowing
such project will have dangerous impact on the
environment as well as health and livelihoods of the
people residing in Village Gadhara & Sasan, District
Singrauli, (M.P.). Thus by applying the precautionary
principle, the Ash dyke dam must not be allowed to
construct on the present site and it must be shifted
away from the present site to the barren land.
5.12 That it is not known to the Applicants whether the
environmental clearance was granted or not in the
instant case and if granted, then whether there was
compliance of environmental rules/regulations/laws in
granting such environmental clearance or not. These
are specific queries pertaining to compliance of laws
which must be answered by all the Respondents before
this Hon’ble Tribunal. It is respectfully submitted that

even if the environmental clearance is granted then the
same must be cancelled as it will directly affect the
environment as well as health and livelihoods of
around 20,000 people residing in these villages.
Respondents conducted environmental impact
assessment in the instant case or not.
5.14 That we may now refer to the Notifications on the
subject. Vide Notification dated 14.09.1999, the
MoEF&CC issued directions requiring manufacturers of
clay bricks or tiles or blocks or construction activities
to mix atleast 25% of ash which is to be ensured by the
Pollution Control Boards/Committees by cancelling the
consent order for brick kilns or mining leases. Every
thermal power plant was required to make available
such ash and phase out dumping and disposal in three
years to the extent of 30%, and in six years the
remaining. The remaining are required to phase-out the
same in 15 years and compliance was required to be
furnished to the Central Pollution Control Board and
the concerned State Pollution Control
Boards/Committees. The Electricity Boards, NTPC and
the management of the power plants are to facilitate
making available land, electricity and water for
manufacturing activities and also to provide access to
the ash lifting area and furnish annual implementation
report.
5.15 That next Notification is dated 03.11.2009, revising the
timelines and the period for implementation. The
revised timelines apply to the construction agencies as
well as thermal power plants as per details mentioned
in the said Notification. The said Notification also
provided for shifting of the flyash by filling empty
mined voids by stowing.
5.16 That in respect of thermal power stations in its
operation before 03.11.2009, extent of fly ash
utilizations is as per following table:
Percentage Utilization of Fly Target Date

Ash
At least generation 50% of One year from the date of
fly ash issue of this notification.
At least generation 60% of Two year from the date of
fly ash issue of this notification
At least generation 75% of Three year from the date of
At least generation 90% of Four year from the date of
At least generation 100% of Five year from the date of
5.17 That for those commissioned thereafter, the extent of fly
ash utilization is as follows:
Percentage Utilization of Target Date
Fly Ash
At least generation 50% of One year from the date of
fly ash issue of this notification.
At least generation 70% of Two year from the date of
At least generation 90% of Three year from the date of
At least generation 100% of Four year from the date of
5.18 That vide Notification dated 25.01.2016, further
amendment was made to the Notification dated
14.09.1999 mainly to the effect that the area within
which the fly ash is to be utilized has been increased to
300 kms. The time period to comply with the
requirements of 100% utilization of fly ash was extended
to 31.12.2017.
5.19 That on 03.01.2018, the States/Union Territories were
directed to furnish their action plans for utilization of fly
ash produced and generated by thermal power plants in
accordance with the notifications.
5.20 That the problem arising out of Construction of Ash dyke
dam in Villages of Gadhara & Sasan, District Singrauli,
would lead to irreparable environment pollution and will
directly affect the health as well as livelihoods of the
people living in these villages. Therefore there is dire need
of strict implementation and execution of the statues as
well as notification issued by the MoEF&CC with regard

to utilisation of flyash made for the protection of the
environment.
5.21 In view of the facts and circumstances and aggrieved by
the facts stated herein above the Applicants are filing the
present Application on the following interalia amongst
other grounds which the Applicants may take at the time
of hearing of the matter:
6. GROUNDS
6.1 That acquisition of land in Village Gadhara & Sasan,
District Singrauli, (M.P.) by the NTPC, Singrauli, for the
purpose of construction of Ash dyke dam will directly
affect the environment as well as health and livelihoods
of the people residing in these villages.
6.2 That vide letter dated 23.01.2019 given to the land
acquisition officer, the people residing in Village
Gadhara & Sasan objected to the acquisition of land in
these villages for construction of Ash dyke dam. It is
respectfully submitted that Village Gadhara & Sasan are
highly densely populated as around 20,000 people
reside in these villages and the construction of Ash dyke
dam will directly affect the environment as well as
health and livelihoods of the people residing in these
villages.
6.3 That Singrauli region has been identified as a critically
polluted area (CPA) by the MoEF&CC. Incremental coal
mining activities in the region and the rapid
development of coal-based thermal power plants has

resulted in acute air and water pollution, leading to
serious health problems among the residents of the
locality, which remain unaddressed. With the coming up
of many more power companies the problem is expected
to increase.
6.4 That the construction of Ash dyke dam will be blatantly
violating the provisions of the Environment (Protection)
Act, 1986, Water Air (Prevention & Control of Pollution)
Act, 1974, Air (Prevention & Control of Pollution) Act,
1981 and notification issued with respect to utilisation
of fly ash by MoEF&CC.
6.5 That the coal contains trace levels of trace elements
such as, arsenic, barium, beryllium, boron, cadmium,
chromium, thallium, selenium, molybdenum and
mercury, many of which are highly toxic to humans and
other life. Therefore, ash obtained after combustion of
this coal contains enhanced concentrations of these
elements.
6.6 That the potential of the ash to cause groundwater
pollution is significant.
6.7 That ash particles (a major component of coal ash) can
become lodged in the deepest part of your lungs, where
they trigger asthma, inflammation and immunological
reactions and can also cause silicosis. Moreover the
radioactivity of some ashes may increase the harm
caused by inhalation.
6.8 That it is pertinent to mention that agriculture is the
main occupation of the people residing in the Village

Gadhara & Sasan, District Singrauli, (M.P.). The
construction of Ash dyke dam will directly affect the
livelihoods of people as the land being acquired is multi
crop irrigated land. There is danger that deposition of
ash can directly leach into the crops converting them
into toxins. This will further increase the health risks
associated with it.
6.9 That by applying the precautionary principle, the Ash
dyke dam must not be allowed to construct on the
present site and it must be shifted away from the
present site to the barren land.
environmental clearance was granted or not in the
instant case and if granted, then whether there was
compliance of environmental rules/regulations/laws in
granting such environmental clearance or not. It is
respectfully submitted that even if the environmental
clearance is granted then the same must be cancelled as
it will directly affect the environment as well as health
and livelihood of around 20,000 people residing in these
villages.
Respondents conducted environmental impact
assessment in the instant case or not.
6.12 That the construction of ashdyke dam is in direct
contravention of the notification issued by the
MoEF&CC with respect of flyash utilisation in the year

1999, 2009, 2016 providing for 100 % utilization of
flyash.
6.13 That the Respondents have miserably failed in their
duty of providing pollution free environment under
Article 21 of the Constitution of India. They have also
failed in adhering to the directive enshrined in Article
48-A of the Constitution of India that the “State shall
endeavour to protect and improve the environment and
to safeguard the forests and wild life of the country.
7. LIMITATION
That the cause of action for filing the present application
has arisen when the Applicants came to know that the
Respondents has conducted public hearing under Section
5 of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act,
2013, on 23rd January, 2019, for the purpose of
Singrauli, (M.P.), by NTPC, Singrauli, pertaining to
construction of Ash dyke dam. The cause of action is
continuing and subsisting and is therefore in accordance
with Section 14(3) and Section 15 (3) of the National
Green Tribunal Act, 2010.
8. INTERIM PRAYER
That in light of the above facts and circumstances, it is
most respectfully submitted that the Applicants have a
good prima facie case and that the balance of
convenience lies entirely in favour of the Applicants. It
shall be in interest of justice that the Hon’ble Tribunal

may kindly be pleased to stay acquisition of land in
Village Gadhara & Sasan, District Singrauli, (M.P.) by the
NTPC, Singrauli, for the purpose of construction of Ash
dyke dam.
9. PRAYER
In view of the facts and circusmtances stated herein
above it is most respectfully prayed that the Hon’ble
Tribunal may kindly be pleased:
1. To cancel the acquisition of land in Village Gadhara &
Sasan, District Singrauli, (M.P.) by the NTPC, Singrauli, for
the purpose of construction of Ash dyke dam as it will
directly affect the environment as health and livelihood of
around 20,000 people residing in these villages.
2. To direct the Respondents to inform this Hon’ble Tribunal
that whether the environmental clearance was granted or
not in the instant case and if granted, then whether there
was compliance of environmental rules/regulations/laws in
granting such environmental clearance or not.
3. To cancel the environmental clearance granted to
Singrauli, (M.P.) by the NTPC, Singrauli, for the purpose of
construction of Ash dyke dam.
4. To direct the Respondents to inform this Hon’ble Tribunal
that whether the environmental impact assessment was
conducted or not in the instant case.

5. To apprise the Hon’ble Tribunal of the steps taken by
NTPC, Singrauli, with regard to 100% utilization of flyash
as mandated by the notifications issued by the MoEF&CC.
6. To grant any other relief which the Tribunal finds just and
appropriate in the interest of justice, equity and good
conscience.
10. AFFIDAVIT
That, an affidavit in support of the Original Application is
filed alongwith.
11. COURT FEES
That the requisite court fees has been paid alongwith the
Original Application.
(PRABHANSHU SHUKLA)

DATED : 20/05/2019
In the matter of
-VERSUS-
COMPILATION NO. II

A/1
pertaining to acquisition
3. A Copy of the objection given to land
A/2
acquisition officer
4. Vakalatnama.
5. Court Fees
PLACE: Jabalpur (PRABHANSHU SHUKLA)

DATED : 20/05/2019
COUNSEL FOR APPLICANTS
Bunglow no.1 Behind Police Controlroom, Near

In the matter of
-VERSUS-
LIST OF DOCUMENTS
S.No. Particulars Original/ Page No.

Copy
COPY
pertaining to acquisition.
2. A Copy of the objection given to
COPY
land acquisition officer.
(PRABHANSHU SHUKLA)
PLACE: Jabalpur
DATED : 20/05/2019 COUNSEL FOR APPLICANTS


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BEFORE THE HON’BLE

NATIONAL GREEN TRIBUNAL,

ORIGINAL APPLICATION NO. OF 2019

Ram Naresh Shah & Others ……APPLICANTS

Union of India & Others …RESPONDENTS

S.No. Particulars Ann. Page No.

11. Court Fees

Bunglow no.1 Behind Police Controlroom, Near

ORIGINAL APPLICATION NO. OF 2019

Ram Naresh Shah & Others ……APPLICANTS

Union of India & Others …RESPONDENTS

S.No. Particulars Ann. Page No.

10. Court Fees

Bunglow no.1, Behind Police Controlroom, Near

ORIGINAL APPLICATION NO. OF 2019

Ram Naresh Shah & Others ……APPLICANTS

Union of India & Others …RESPONDENTS

The present Application seeks to raise substantial question of

environment before this Hon’ble Tribunal and highlighting the

problems arising out of acquisition of land in Villages

Gadhara & Sasan, District Singrauli, (M.P.), by the National

Thermal Power Corporation, Singrauli (hereinafter referred as

NTPC, Singrauli), for the purpose of construction of Ash dyke

dam. It is pertinent to mention that to this extent public

hearing was conducted under Section 5 of the Right to Fair

Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013, on 23rd January,

2019. There is particular non-observance of the notification

issued by the Ministry of Environment, Forest and Climate

Ash as well as violation of the provisions of the Environment

(Protection) Act, 1986 (herein after referred as EP Act) and the

Rules made thereunder as also the Water (Prevention &

Control of Pollution) Act, 1974 (in short referred to as Water

(in short referred to as Air Act) in the instant case.

That it is respectfully submitted that Village Gadhara &

Sasan are highly densely populated as around 20,000 people

reside in these villages. That vide letter dated 23.01.2019

given to the land acquisition officer, the people residing in

these villages objected to the acquisition of land in Village

Gadhara & Sasan for construction of Ash dyke dam.

That there can be no denial to the fact that allowing

construction of Ash dyke dam will have dangerous impact on

the environment as well as health and livelihoods of the

people residing in village Gadhara & Sasan, District

Singrauli, (M.P.). Thus by applying the precautionary

principle, the Ash dyke dam must not be allowed to construct

on the present site and it must be shifted away from the

present site to the barren land.

That the Respondents have miserably failed in their duty

of providing pollution free environment under the Article 21 of

the Constitution of India. They have also failed in adhering to

the directive enshrined in Article 48-A of the Constitution of

India that the “State shall endeavour to protect and improve

PLACE: Jabalpur COUNSEL FOR APPLICANTS

ORIGINAL APPLICATION NO. OF 2019

Ram Naresh Shah & Others ……APPLICANTS

Union of India & Others …RESPONDENTS

23/01/2019 The present Application seeks to raise substantial question of

PLACE: Jabalpur COUNSEL FOR APPLICANTS

ORIGINAL APPLICATION NO. OF 2019

It is humbly submitted by the Applicants as under:

4. JURISDICTION OF THE TRIBUNAL:

5. FACTS OF THE CASE ARE ENUNCIATED HEREIN AS