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Environmental Law Tracker is a monthly series on important judgments and orders passed by the Supreme Court, the High Courts and the National Green Tribunal (NGT) on the topic of environmental law.
Supreme Court stays operation of notification clarifying applicability of Environment Impact Assessment Notification, 2006 to building and construction projects
Order dated February 24
The Supreme Court stayed the operation of the amendment notification dated January 29 issued by the Ministry of Environment, Forest and Climate Change (MoEF) amending the Environment Impact Assessment Notification, 2006 (EIA, 2006). The amendment notification clarified the definition of ‘built-up area’ which would determine the applicability of the EIA, 2006 on building and construction projects. The Supreme Court also stayed the operation of an Office Memorandum (OM) dated January 30 which clarified the applicability of the amendment notification.
Supreme Court sets aside environmental compensation order due to violation of principles of natural justice
Zon Hotels Pvt Ltd v. Goa Coastal Zone Management Authority & Ors
Order dated February 19
The appellant had challenged an order issued by the Goa Coastal Zone Management Authority (GCZMA) in compliance with the direction of the High Court. The GCZMA directed the appellant to pay over ₹2 crore in environmental compensation for alleged illegal construction. The appellant challenged the order before the National Green Tribunal (NGT) on the ground that the order was passed without issuance of a show cause notice or granting an opportunity of hearing. The NGT, while considering the challenge, noted the procedural lapse but did not remand the matter for reconsideration. Instead, it upheld the order on the premise that the appellant had been given an opportunity of hearing. The Supreme Court held that the opportunity provided by the NGT could not substitute the procedural safeguards that should have been granted by the original authority, GCZMA. The Supreme Court set aside both the order of NGT, and the order passed by GCZMA, treating the latter as a show cause notice. The appellant was granted time to respond, after which there shall be a re-determination of the environmental compensation in compliance with the direction issued by the High Court.
Supreme Court directs Chief Secretary of Rajasthan to appear for non-compliance with directions for restoration of wetlands
State of Rajasthan & Ors v. Ashok Malik & Ors
Order dated February 19
The direction was passed in an appeal filed by the State of Rajasthan against a direction of the NGT for undertaking measures for wetland restoration. Earlier, the State government was instructed to file an affidavit detailing the extent of compliance with the order and the time required for full implementation. The Supreme Court noted that instead of providing details of compliance, the affidavits filed by officials of the State reflected a stance of defiance. It questioned the government how a city could become a smart city without protecting the water bodies/wetlands in the city. The Court has granted the State an opportunity to purge the contempt by submitting a compliance affidavit before the next hearing.
Meghalaya High Court initiates suo motu PIL on protection of wetlands in the state
Registrar General, High Court of Meghalaya v. State of Meghalaya
Order dated February 27
The Meghalaya High Court has initiated a suo motu public interest litigation to verify the status of wetlands in the State and ensure compliance with the directions of the Supreme Court regarding the protection of Ramsar Convention sites. The proceedings were initiated following an administrative note placed before the Chief Justice, referring to a December 2024 Supreme Court order which directed High Courts to monitor the protection and maintenance of Ramsar sites within their jurisdiction. The Meghalaya State Wetland Authority submitted a report stating that there were no notified Ramsar sites in the State. The Court deemed it necessary to confirm this claim and directed the registration of a PIL for further examination.
Kerala High Court issues directions to address human-elephant conflict in the state
Samyuktha Janakeeya Samithi & Anr. vs. State of Kerala & Ors in WP (C) No. 32407 of 2024
Order dated February 24
The Kerala High Court issued directions to the State and Central authorities for immediate measures to mitigate human-elephant conflict in the State. The case pertained to a series of writ petitions seeking the construction of protective barriers such as elephant-proof trenches, rubble walls and crash guard rope fencing in regions prone to wild elephant attacks. The petitioners highlighted the increasing number of fatalities due to wild elephant intrusions, with 555 deaths recorded in the state between 2019 and 2024. The Court also took note of the failure to utilise allocated funds for constructing protective walls in tribal areas. It impleaded the Secretary, MoEF; the Chief Secretary, Government of Kerala; the Revenue Department, Government of Kerala; and the Member Secretary, Kerala State Legal Services Authority as additional respondents. The Kerala State Legal Services Authority has been directed to conduct a survey of affected areas and compile grievances and suggestions from the public.
Delhi High Court issues directions for rescue of distressed birds in NCT
Save Indian Foundation v. Department of Forest and Wildlife & Ors.
Order dated February 17
The Delhi High Court directed the Department of Forest and Wildlife, Government of National Capital Territory of Delhi (GNCTD) and the Delhi Police to evolve a suitable mechanism for the rescue of distressed birds in the National Capital Territory of Delhi (NCT). The petitioner contended that despite multiple reports of birds in distress, the concerned authorities lacked the necessary infrastructure and equipment for timely intervention. The High Court directed the petitioner to submit a detailed representation to the respondent authorities, highlighting instances of distressed birds and suggesting measures for an appropriate rescue mechanism. The authorities have been directed to jointly consider the representation and evolve a suitable mechanism within three months after consulting expert bodies, such as the Animal Welfare Board of the Government of Delhi.
Madras High Court directs enforcement action against illegal beach sand mining in Tamil Nadu
Converted as Suo Motu PIL v. Union of India & Ors.
Order dated February 17
The Madras High Court issued directions in a suo motu PIL concerning large-scale illegal beach sand mining in the coastal districts of Tamil Nadu, namely Tirunelveli, Thoothukudi and Kanyakumari. The PIL was initially filed by an individual petitioner but was later converted into a suo motu case in light of the gravity of the allegations, including environmental damage, illegal mineral transportation and national security concerns related to monazite deposits. The Court examined multiple reports, which revealed discrepancies between declared and actual mineral stocks, indicating large-scale unaccounted exports. It also considered findings highlighting the involvement of officials in facilitating unauthorised mining activities. The State government, relying on these reports, issued show cause notices to various mining companies for recovery of over ₹5,800 crore towards the cost of illegally mined minerals and unpaid royalties. The High Court directed the authorities to proceed with enforcement measures, including recovery proceedings, sealing of illegally stocked minerals and penal action against those responsible.
NGT to consider issue of crocodile deaths in Chandraloi River, Rajasthan due to river pollution
Order dated February 25
Earlier, the NGT had constituted a joint committee to investigate the matter. The report submitted on February 24 confirmed the deaths of at least four crocodiles and highlighted the presence of untreated sewage, industrial effluents and pesticide contamination in the river. It was observed that water hyacinth growth was restricting the movement of crocodiles, and anicuts were obstructing water flow. The NGT, after considering the findings, impleaded the Municipal Corporation, Kota; the Rajasthan State Pollution Control Board; the Forest Department; the District Magistrate and the Wildlife Department and directed them to file responses to the findings of the report.
NGT issues notice on plea against digging of green belt for laying High Tension Electricity Cable in Noida
Residents Welfare Association (Registered) Sector 72, Noida, Uttar Pradesh v. Union of India & Ors
Order dated February 25
The NGT issued notice in an application filed by the Residents Welfare Association of Sector 72, Noida, Uttar Pradesh, challenging the alleged illegal digging of the green belt for laying High Tension Electricity Cable. The applicant contended that the layout plan of Sector 72 provides for a 20-metre-wide green belt, which has been subjected to repeated attempts for diversion to other uses. It was submitted that despite permission being granted for laying the High-Tension Electricity Cable from the road, excavation was being carried out within the green belt, causing destruction of flora and fauna. The NGT directed the respondent authorities to ensure that the green belt is not dug up in violation of environmental norms.
NGT directs authorities to act against unauthorised industrial units in East Delhi
Order dated February 24
The NGT has directed the Municipal Corporation of Delhi, the Delhi Pollution Control Committee, and other concerned authorities to initiate action against unauthorised industrial units operating in village Gamri, East Delhi, in violation of environmental regulations. A Joint Committee constituted by the NGT conducted an inspection and confirmed that 35 out of 36 inspected units were operating in a non-conforming area; several industrial units had chimneys, furnaces, machinery, and traces of coloured effluents in nearby drains; 10–15 additional industrial units were identified but remained locked during the inspection. The NGT observed that the status of locked units was not verified and directed the authorities to conduct surprise inspections to prevent their continued operation. The NGT impleaded the Commissioner of Police, Delhi, after noting submissions that lack of police assistance was hindering enforcement actions. It was further noted that BSES Yamuna had informed the NGT that illegal industrial operations in the area were causing electricity theft amounting to ₹11 crore annually. The NGT directed the respondents to submit a report detailing the frequency of surprise inspections and granted them four weeks to file their responses.
NGT disposes of plea on air and noise pollution caused by stone crushers in Uttar Pradesh and Madhya Pradesh
Shasyashyamala Sansthan-GEO v. Union of India & Ors
Order dated February 14
The NGT has disposed of an application alleging air and noise pollution caused by stone crushers along Orai-Jhansi National Highway No 27 and National Highway No 39. The applicant contended that stone crushers were operating illegally and that transportation of materials was adding to pollution in the area. The NGT noted that the applicant had not impleaded any specific stone crusher operators or provided their details in the application. It further observed that the applicant’s additional grievance regarding cattle straying onto highways and causing accidents was outside its jurisdiction. It granted liberty to the applicant to submit a complaint to the Member Secretary, Uttar Pradesh Pollution Control Board and Member Secretary, Madhya Pradesh Pollution Control Board, who have been directed to verify the allegations and take appropriate action in accordance with law.
NGT dismisses application challenging proposed luxury hotels near Kaziranga National Park as premature
Order dated February 14
The application was registered by the Principal Bench of the NGT and transferred to the Eastern Zone Bench of the NGT based on a news report. The news article alleged that the proposed hotels could be a threat to wildlife, resulting in displacement, negative environmental impact, and that the movement of wild animals would adversely impact wildlife conservation and local livelihoods. The MoEF in its response stated that the forest areas and legal boundaries of the land in question is dealt with by the State government. It further stated that the Eco-Sensitive Zone for Kaziranga National Park was under consideration. The Government of Assam submitted that no detailed project report had been prepared for the proposed hotels and that any project would require approval in accordance with applicable regulations. The NGT observed that the application was premature due to the absence of any concrete project proposal or identified environmental violations.
NGT directs Defence Estate Officer to examine complaint on alleged illegal tree felling in Dehradun
Palak Bansal v. State of Uttarakhand & Ors
Order dated February 12
The applicant contended that despite several complaints to various authorities, including the Defence Estate Officer (DEO), no action was being taken and several trees were on the verge of getting cut. The NGT noted that while Google photographs were placed on record, they did not conclusively establish tree felling. Considering that the site falls within a Cantonment area, the NGT directed the DEO, Garhi Cantonment, to verify the complaint, ascertain if illegal tree felling has taken place and take appropriate remedial action within two months.
NGT seeks compliance report from NMCG on unauthorised floating hotel in Tehri Lake
Order dated February 10
The NGT has sought a compliance report from the National Mission for Clean Ganga (NMCG) regarding the operation of a floating hotel in Tehri Lake, Uttarakhand, despite the expiry of its license. The NGT had earlier disposed of the original application in view of a pending PIL before the Uttarakhand High Court, but directed NMCG to examine whether such an activity was permissible under the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016 and take necessary action. NMCG acknowledged that the operation of a floating hotel is regulated under the Ganga Order and requires prior approval under Paragraph 42(g) read with Paragraph 4(ix). However, the report did not indicate whether NMCG had taken any action. The NGT observed that if there was no legal impediment or restraining order from a competent court, NMCG must ensure compliance with the Ganga Order.
NGT directs inquiry into discharge of untreated sewage into Hasdeo River in Chhattisgarh
Hari Dewangan v. State of Chhattisgarh & Ors.
Order dated February 10
The NGT took cognizance of a letter petition alleging the discharge of untreated sewage from Champa town, District Janjgir-Champa, Chhattisgarh, into the Hasdeo River, affecting water quality and public health. The application contended that despite the construction of a sewerage pipeline with public funds to divert wastewater to a treatment facility, lack of maintenance had resulted in the direct discharge of sewage into the river. The NGT observed that the allegations raised substantial environmental issues and impleaded (i) State of Chhattisgarh, (ii) Chhattisgarh Environment Conservation Board, (iii) Executive Officer, Nagar Palika Janjgir-Champa, and (iv) District Magistrate, Janjgir-Champa as respondents, directing them to file responses after conducting a site visit.
NGT delivers split verdict in application challenging alleged development of township without EIA in Coimbatore
R Kalyanaraman v. Union of India & Ors
Order dated February 8
The NGT delivered a split verdict in an application challenging the development of a township project by G Square Realtors in Coimbatore, Tamil Nadu, without obtaining Environmental Clearance (EC) under EIA, 2006. It was alleged that the developer had deliberately split the project into two phases to circumvent the EC requirement. The Judicial Member, while dismissing the application, held that the two phases were independent and developed separately. Since each phase individually covered less than 50 hectares and the second phase was not even conceptualised on the date of completion of the first phase, the requirement for obtaining EC did not arise. The Judicial Member imposed costs of ₹1,00,000 on the applicant, to be paid to the Tamil Nadu Pollution Control Board. The Expert Member, however, dissented, holding that the two phases were artificially separated to avoid EC requirements and should be considered as a single project requiring a cumulative EIA. In view of the difference of opinion, the matter has been referred to the Chairperson of the NGT.
NGT imposes costs on Delhi authorities for non-appearance and causing adjournment
Ram Wati Soni v. NCT of Delhi & Ors.
Order dated February 7
The NGT expressed concern over the non-appearance of key government authorities in a case related to environmental compliance in the NCT. Despite being duly served with notices, the GNCTD, the Delhi Fire Service, and the District Magistrate (South West) failed to appear before the NGT. The NGT emphasised that environmental proceedings are not adversarial litigation where state authorities can choose to remain absent. It directed the absent respondents to appear and file their responses by the next hearing and imposed costs of ₹10,000 each for causing an unnecessary adjournment.
NGT directs NOIDA to ensure 100% utilisation of treated wastewater
Order dated February 6
The NGT took suo motu cognizance of allegations that the New Okhla Industrial Development Authority (NOIDA) is discharging treated wastewater from its sewage treatment plants (STPs) into drains instead of utilising it for irrigation and other purposes. NOIDA, in its response, admitted that out of the 260 MLD of treated water generated daily, only 68 MLD is being used, while the remaining 192 MLD is being discharged into drains. The NGT noted that despite assurances from NOIDA regarding infrastructure expansion to increase treated water usage, the work remains incomplete, and no clear timeline has been provided. It observed that water in the STP is a valuable resource that can reduce dependence on natural water sources. The NGT directed NOIDA to submit a comprehensive plan with a definitive timeline for achieving 100% utilisation of treated wastewater.
NGT examines environmental damage caused by illegal sand mining in Jammu & Kashmir
Order dated February 6
The NGT took suo motu cognizance of large-scale illegal sand mining in the Kathua and Samba districts of Jammu and the Ganderbal district of Kashmir, which is causing significant environmental degradation. The NGT had previously directed the Jammu & Kashmir Pollution Control Committee (J&KPCC) to investigate the matter. The report submitted by J&KPCC revealed multiple violations, including excessive excavation beyond permissible limits, absence of demarcation and buffer zones and risks posed to riverbanks and bridges due to uncontrolled mining activities. The NGT noted that the unscientific sand mining had led to bed degradation, erosion, uprooting of vegetation and a potential threat to bridges in affected areas. The NGT observed that despite notices being served, the Deputy Commissioners of Kathua, Samba and Ganderbal had not filed their responses and granted them final opportunity for filing responses.
NGT considers policy measures for regulating illegal sawmills across India
Vinod Kumar Sharma v. State of Rajasthan & Ors
Order dated February 3
The NGT, Principal Bench has taken up a matter concerning the operation of illegal sawmills in Rajasthan, with potential policy implications at a pan-India level. An application alleging that over 274 unauthorised sawmills were operating in Tehsil Lalsot, District Dausa, leading to large-scale tree felling in both forest and revenue areas was filed before the Central Zone Bench of NGT. The Central Zone Bench recommended that the Principal Bench could consider uniform regulatory measures applicable across all states in line with the directions and guidelines issued by the Supreme Court.
This article was compiled by Nawneet Vibhaw and Prannoy Joe Sebastian of Panchtattva Advocates, a specialised environmental law firm. For any further information please connect at nv@ptalaw.in