MoEFCC Notification S.O. 5481(E) (2021)
"All building construction projects within 300 km shall use ash bricks or ash based products"
Legally mandates fly-ash bricks/blocks for all construction within 300 km of coal-based power plants.
Legal Precedents & Enforcement Framework
Legal Precedents & Enforcement Framework
Judicial decisions establishing mandatory fly ash utilisation within 300 km of thermal plants.
Compliance position: The purpose of this page is to make the mandatory character of the applicable Gazette provisions clear. Where the notification applies, avoiding the prescribed use of ash-based products is not merely a commercial preference; it can constitute non-compliance with the applicable environmental notification.
Judicial decision
Tamil Nadu Fly Ash Brick & Block Mfrs. Ass'n v. UOI
"No person shall within a radius of fifty kilometers... manufacture clay bricks without mixing at least 25% of ash"
Key Holding: Confirmed mandatory 25% fly ash mixing in bricks within 50 km. Brick makers cannot reject fly ash on cost grounds.
Enforcement Use: "Notification mandates 25% fly ash in bricks within 50 km. Your refusal violates mandatory rule."
NGT
Shantanu Sharma v. Union of India
"NGT directed comprehensive utilization and scientific disposal of 100% fly ash by all Thermal Power Plants."
Key Holding: TPPs must use 100% of generated fly ash. Strict action for non-compliance. Polluter pays principle.
Enforcement Use: "NGT held 100% fly-ash use mandatory. Refusing fly-ash bricks breaches this directive."
NGT
K. Saravanan v. MoEFCC
"S.O.5481(E) mandates 100% ash utilization by power plants with penalties for non-compliance."
Key Holding: Fly-ash bricks mandatory unless cost exceeds CPWD/PWD schedule rates.
Enforcement Use: "Amendments confirm mandatory fly-ash use at ≤ CPWD rates. Price cannot be an avoidance excuse."
Statutory Framework
Amendment S.O. 6169(E) (2022)
"Replaced 'higher than price of alternative products' with 'more than price mentioned in CPWD Schedule'"
Fly-ash bricks mandatory unless price exceeds CPWD/PWD schedule rates.
Amendment S.O. 05(E) (2024)
The 2024 amendment expands and clarifies the compliance framework. It expressly covers Central, State and Local authorities, Govt. undertakings, other Govt. agencies and all private agencies for building construction projects within 300 km, subject to the stated Schedule of Rates condition.
It also requires local authorities to make provisions in building bye-laws and other relevant regulations for the use of ash and ash-based products, and introduces written-notice and ash-reservation provisions relevant to thermal power plants and ash-based product manufacturers.
Report Suspected Non-Compliance
If you have information concerning a project, agency or other entity that appears not to be following the applicable notification, you can inform FAIFG for guidance and reporting support.
Environmental Compensation Matrix
| Violation Type | Applicable Penalty | Legal Clause |
|---|---|---|
| TPP non-utilisation of ash | ₹1000 per ton | Clause C(1) |
| Builder avoids fly ash products | ₹75 per sq.ft | Clause C(3) proviso |
| Illegal clay brick usage/kiln | ₹1500/ton + sealing | Clause B(8), C(4) |
For agencies and private parties: If the Gazette requirement applies to your project, the existence of a cheaper conventional alternative does not by itself remove the statutory requirement. The applicable price condition and other provisions must be checked against the Gazette.