MP High Court Issues Notice On Journalist's PIL Against Public Health Hazard Caused By Transport Of Fly Ash From Thermal Power Plant

The Madhya Pradesh High Court, on Wednesday (February 25), issued notices in a public interest litigation highlighting the environmental and public health hazard caused by the transportation of fly ash from the Jhabua power plant. 

The division bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf heard initial arguments and admitted the matter for further consideration.  

The petition was filed by Journalist Neelesh Sthapak conteding that the villages were being affected by fly ash transportation from the thermal power plant operated by Jhabua Power Ltd (respondent no 9). 

Per the petition, fly ash was a hazardous by-product of coal-based power generation, which requires strict handling and transportation in accordance with the guidelines issued by the Central Pollution Control Board in 2013 and by the Ministry of Environment, Forest and Climate Change in 2019. 

 Despite these regulations, the petition stated, the fly ash from Ghansor plan was allegedly being transported in open, overloaded trucks without following the established guidelines, causing air and water pollution while regrading the soil and causing public safety risks. 

The petition stated that the Respondent no 1 to 4, including the MP Pollution Control Board, Seoni Collector and the Regional Transportation Officer, failed in their duty to ensure compliance with transportation norms. The petitioner also held respondent no 6 ( a private contractor) responsible for the alleged violations. 

The petition stated that the local residents had repeatedly raised complaints, even through the CM helpline, but no action was taken, and their grievances were dismissed without effective action. 

The petition also referred to WP 10166/2-25 wherein the High Court had directed compliance with the said guidelines. The petition highlighted that a subsequent contempt petition was filed for alleged non-compliance, but despite the same, the condition had remained unchanged. 

Thus, the petition sought enforcement of statutory guidelines and remedial measures to prevent ongoing environmnetal harm, insfrastructural damange and threats to public health and safety. 

The case was scheduled for further hearing on March 23, 2026. 

Case Title: Neelesh Sthapak v Madhya Pradesh Pollution Control Board [WP 3522 of 2026]

For Petitioner: Advocates Hitendra Kumar Golhani, Sadhna Sahu, Arti Namdeo and Arun Patel