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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 sets aside NGT directions to initiate prosecution under the Prevention of Money Laundering Act, 2002
Waris Chemicals Pvt. Ltd. v. Uttar Pradesh Pollution Control Board
Order dated January 9, 2025
The Supreme Court partially allowed an appeal challenging the direction of NGT for prosecution of the appellant under the Prevention of Money Laundering Act, 2002 (PMLA). The case pertained to the determination of environmental compensation by the Uttar Pradesh Pollution Control Board (UPPCB) for pollution caused by the storage of hazardous chromium waste. The appellant challenged the computation of environmental compensation by UPPCB. NGT rejected the computation methodology used by UPPCB, noting that the appellant’s liability was incorrectly calculated for the waste dumped prior to 1995, as the appellant commenced operations only in 1995. NGT recalculated the actual waste dumped and imposed environmental compensation. It also observed that the appellant had violated the provisions of Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and the Environment (Protection) Act (EPA), 1986 and was liable for action under the PMLA.
The Supreme Court noted that after observing that the calculation undertaken by the UPPCB was incorrect, the only logical order which the NGT could have passed was to remand the matter to the UPPCB for re-determination of environmental compensation. It also noted that no complaints alleging commission of an offence under the Water Act, Air Act or the EPA were filed as on the date of the judgment passed by NGT. It also expressed its reservations on the jurisdiction of the NGT to direct prosecution of an individual under the PMLA. It thus remanded the matter to UPPCB for re-determination of environmental compensation.
Supreme Court issues notice in a plea for constitution of National Committee on Dam Safety under the Dam Safety Act, 2021
Mathews J. Nedumpara & Ors. v. Union of India & Ors
Order dated January 8, 2025
The petitioners contended that under the Dam Safety Act, 2021, a National Committee on Dam Safety was required to be constituted within 60 days from the commencement of the Act and reconstituted every three years thereafter. Further, the State of Kerala contended that neither the National Committee nor the Rules/Regulations governing its constitution, composition and functions have been formulated. The State of Tamil Nadu referred to a 2024 office memorandum issued by the Ministry of Jal Shakti, Department of Water Resources, River Development & Ganga Rejuvenation, which constituted a new Supervisory Committee under the Chairmanship of the National Dam Safety Authority in supersession of the previous Committee.
The Supreme Court observed that the Dam Safety Act, 2021 does not provide for constitution of any Supervisory Committee. It also observed that the directions contained in its judgment in Dr. Joe Joseph & Ors. v. State of Tamil Nadu & Ors are yet to be complied with and therefore sought response from the Central government and the National Dam Safety Authority on these aspects. Since the issue was an inter-state dispute on water, the Registry was directed to place the case before a three-judge bench.
Supreme Court issues direction for implementation of colour-coded high security registration plates for diesel and petrol vehicles
Order dated January 3, 2025
The Supreme Court reconsidered its 2018 direction regarding application of hologram-based sticker of light blue colour for petrol/CNG vehicles and a hologram-based sticker of orange colour for diesel vehicles. It also considered the provisions of Central Motor Vehicles Rules, 1989 and Motor Vehicles (High Security Registration Plates) Order, 2018 and observed that there is no dispute regarding implementation of these provisions on diesel and petrol vehicles. The Central and state governments were directed to address the Supreme Court regarding the implementation of the directions.
Bombay High Court initiates suo motu proceedings for overseeing maintenance of wetlands
The High Court of Judicature at Bombay on its own motion v. State of Maharashtra
Order dated January 10, 2025
The Court issued notice to the Union of India, the State government, the Department of Environment, the Department of Forest and Revenue and the Maharashtra Wetland Authority.
Bombay High Court initiates suo motu proceedings on conduct of Gypsy drivers and guides in tiger reserve
Court on its Own Motion v. State of Maharashtra & Ors
Orders dated January 6 and 10, 2025
The Nagpur Bench of the High Court of Bombay has taken suo motu cognizance based on a news item concerning the conduct of Gypsy drivers and guides, in the Umrer-Paoni-Karandla Tiger Reserve, where an incident involving a tigress (F2) and her cubs had occurred. It was noted that the Forest Department relied on these reports for initiating disciplinary action against the Gypsy drivers and guides. The High Court observed that the conduct of the Gypsy drivers, guides and tourists contravene the provisions of the Wildlife (Protection) Act, 1972.
On January 10, the High Court considered the steps taken by the Forest Department against the Gypsy drivers and guides and noted that a committee headed by the Deputy Director of Bor Tiger Project, Wardha is being constituted to frame guidelines to be followed in the matter of conduct by the Gypsy owners, drives, guides and tourists.
Madras High Court constitutes SIT for action against illegal mining for brick kilns
S Muralidharan v. Principal Chief Conservator of Forests
Order dated January 10, 2025
The Madras High Court directed the District Collector to take immediate action to secure elephant corridors and to shut down illegal brick kilns operating in Coimbatore district. The petitioners alleged inaction by the government on illegal earth mining and unauthorised operation of brick kilns. The Court had directed an independent inspection of all the areas. The inspection revealed use of heavy machineries and improper sealing of illegal brick kilns. It was also noted that there was intense elephant movement on the areas where mining activities were undertaken. The Court also observed that due to large scale mining, elephants were forced to change their natural routes which forced them to stray into villages and human habitations, thus causing human-animal conflict. The Court also constituted a Special Investigation Team (SIT) for investigation of the extent of illegal mining and for registering cases against the violators including officials who were facilitating such operations.
Kerala High Court upholds quashing of CRZ clearances granted for construction of public crematorium in mangrove area
Kerala Coastal Zone Management Authority v. P.M. Sukhilesh & Ors
Order dated January 7, 2025
A division bench of the Kerala High Court upheld the quashing of the Coastal Regulation Zone (CRZ) clearance granted to Dharmadam Grama Panchayat for the construction of a crematorium in a CRZ-I(A) mangrove area. The appeals arose from a writ petition challenging the CRZ clearance granted in 2018, which permitted the Panchayat to construct a crematorium on twenty cents of wetland in Dharmadam Village, Kannur District. The petitioner contended that the land fell under CRZ-I(A), where construction was prohibited under the EPA, and the CRZ Notifications issued thereunder. The CRZ authority subsequently attempted to rectify the clearance by reclassifying the land as CRZ-III.
A single-judge bench of the High Court observed that the rectification of CRZ classification could not retrospectively validate the clearance when the land was categorized as CRZ-I(A) at the time of issuance. It noted that expert reports confirmed the presence of dense mangroves, warranting the highest level of environmental protection. It held that the CRZ authority failed to apply its mind to the environmental impact and had reversed its own prior decisions rejecting the construction and quashed the CRZ clearance. The division bench observed the lack of merit and dismissed the appeals.
Uttarakhand High Court orders suspension of mining operations in Bageshwar District
Sajjan Lal Tamta v. State of Uttarakhand and Ors
Orders dated January 6 and 9, 2025
The High Court of Uttarakhand has directed the immediate suspension of all mining operations in Bageshwar district, holding the Director, Geology and Mining Department, personally responsible for enforcement. The petitions raised the issue of illegal mining activities, alleging regulatory failures by the local administration and the Uttarakhand State Pollution Control Board. A court-appointed commission submitted a report indicating unauthorised mining operations and potential risks to dwellings in the region. The High Court observed that the report and accompanying photographs demonstrated prima facie evidence of unauthorised mining and the risk of landslides. It directed the Director, Geology and Mining Department, to ensure compliance with the suspension order and to communicate the same to all mining operators. Further, the Court ordered the impleadment of leaseholders and relevant officers as respondents.
Madhya Pradesh High Court restrains print and electronic media from publishing unverified information on disposal of Union Carbide toxic waste
Alok Pratap Singh (Deceased) In Rem v. Union of India and Ors
Order dated January 6, 2025
The Madhya Pradesh High Court directed print and electronic media to not publish unverified information regarding the disposal of waste material from the site of the Union Carbide plant which caused the Bhopal Gas Tragedy. The State submitted that it had loaded the waste material in 12 fire-proof and leak-proof containers and transported it on January 1, 2025 in accordance with the approved Standard Operating Procedure (SOP) and Central Pollution Control Board (CPCB) guidelines. It also raised the concern that based on certain fictitious media reports, there has been a huge public outcry. The Court observed that the transportation and disposal of waste had been executed as per the approved SOP and tender requirements and directed the respondent/State of Madhya Pradesh to take all necessary measures to infuse confidence in people.
NGT initiates suo motu proceedings based on news article alleging establishment of dump yard over ASI-protected megalithic site
Order dated January 23, 2025
The NGT initiated suo motu proceedings based on a news article concerning Chennai’s Perumbakkam panchayat’s decision to clear vegetation from a site protected by Archaeological Survey of India (ASI) as a megalithic site for establishing a temporary dump yard. The news item claims that the area is designated as a yellow zone by the ASI and contains ponds, canals and lakes that serve as crucial catchment areas for the region. The NGT observed that the news item alleges violation of the Solid Waste Management Rules, 2016, EPA, Forest Conservation Act, 1980 and Water Act. The NGT issued notice to the Tamil Nadu Pollution Control Board, CPCB, Ministry of Environment, Forest and Climate Change, Secretary, Perumbakkam Village Panchayat and District Magistrate, Chengalpattu.
NGT issues notice on plea against construction of Garwa Ghat in Varanasi
Natural Social Services v. Director General, Directorate of Tourism & Ors,
Order dated January 23, 2025
The NGT issued notice in an application contending that the construction of Garwa Ghat in Varanasi, Uttar Pradesh, including fast-food shops, benches, parking and changing rooms, is impermissible within 200 meters of the River Ganga. The applicant alleged that the Ghat is being constructed on the riverbed itself, which will affect the river flow. The Tribunal issued notice to the respondents and permitted the application to implead the National Mission for Clean Ganga.
NGT sets aside order of SEIAA, UP rejecting appeal against refusal of environmental clearance
Indotech Waste Solution v. SEIAA, UP & Ors
Order dated January 21, 2025
NGT set aside an order dated passed by State Environmental Impact Assessment Authority (SEIAA), UP and directed it to reconsider the application of an appellant in compliance with the principles of natural justice. The appeal challenged the validity of an order passed by SEIAA refusing to grant EC. The appellant argued that the impugned order was issued without adequate consideration of the legal requirements and without providing an opportunity for hearing. The NGT found that the SEIAA had not complied with its previous direction to provide a reasoned speaking order and an opportunity for hearing to the appellant. It set aside the impugned order and imposed costs of ₹1 lakh, directing the authority to issue a fresh decision after following the principles of natural justice.
NGT dismisses application seeking star rating for passenger vehicles
Tsunami on Roads v. Ministry of Road Transport and Highways & Ors
Order dated January 17, 2025
NGT dismissed an original application seeking the implementation of a star rating system for passenger vehicles based on fuel efficiency and CO2 emissions as not maintainable under Section 14 of the NGT Act, 2010. The applicant argued that vehicular pollution significantly contributes to air pollution. He referenced a draft notification from 2016 proposing amendments to the Central Motor Vehicle Rules, 1989, to introduce a system of star rating for passenger vehicles and sought directions from the NGT. The Tribunal concluded that the Energy Conservation Act, 2001 is not included in Schedule-I of the NGT Act, 2010, and therefore, the application for relief under this Act was not within its jurisdiction. The application was dismissed, with the NGT clarifying that the applicant may pursue any other legal remedy, if available.
NGT seeks CPCB response on compliance status of waste-to-energy plants across India
Order dated January 13, 2025
NGT directed CPCB to file a fresh affidavit regarding the compliance status of waste-to-energy plants. The original application was registered suo motu, for addressing concerns about the efficacy and effectiveness of the waste-to-energy plants operating in India. CPCB disclosed the operational status of 15 such plants across seven states, noting compliance issues with environmental norms. However, NGT noted that the report from CPCB lacked clarity regarding actions taken against non-compliant waste-to-energy plants and noted that information from several states was still pending.
NGT takes suo motu cognisance of death of 13-year-old boy by drowning in open drain
Order dated January 13, 2025
NGT took suo motu cognisance of a news report regarding the issue of a 13-year-old boy drowning in an open drain in Rajendra Nagar Extension, Delhi, and the question of compensation for the victim’s family. NGT noted that the Irrigation and Flood Control Department had repeatedly communicated with Municipal Corporation of Delhi (MCD) regarding illegal dumping of waste into the drain, but no action was taken. NGT directed the Commissioner, MCD and the District Magistrate, West Delhi to appear virtually on the next date of hearing.
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