Nagpur: Nagpur bench of Bombay High Court took suo motu cognisance of fresh breach of the fly ash pond at the Khaparkheda Thermal Power Station in Nandgaon, initiating a public interest litigation over alleged environmental damage, destruction of crops and potential threat of pollution to Pench river.A division bench of Justices Anil Kilor and Raj Wakode initiated proceedings after media reports that ash-laden slurry from the breached containment pond flowed into agricultural fields, causing extensive crop damage and raising concerns over contamination of nearby water bodies.The bench appointed Arnav Pansare as amicus curiae and directed him to prepare a PIL in accordance with law within one week to assist court in examining issues arising from the incident.Court also sought an explanation from the administration asking what action had been initiated following the breach. It directed the collector to file an affidavit by August 7 detailing steps taken in response, observing the matter involved a serious issue of public concern.According to reports placed before the court, Maharashtra State Power Generation Company (Mahagenco) acquired 723 acres of land at Nandgaon in 1988 for ash disposal. However, as large portions of the land had remained unused for years on end, local farmers had been cultivating it.The latest breach comes after a similar incident in 2021, when the fly ash pond had also ruptured, triggering widespread protests by farmers and nearby residents. Following that incident, the govt had reportedly prohibited further dumping of fly ash at the site.Reports alleged fly ash was being stored in the open without any adequate and appropriate safety measures and that the disposal area had exceeded its designed capacity. It was also claimed that despite directions from the Maharashtra Pollution Control Board (MPCB) to ensure 100% utilisation of the disposed fly ash, the utility had failed to comply and resumed dumping ash at the site, ultimately leading to the latest breach.The High Court has not expressed any findings on these allegations, which are expected to be examined during course of the proceedings after the authorities file their responses.
