Environment

Daily Court Digest: Major environment orders (August 18, 2025)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal

DTE Staff

  • Telangana to file Kancha Gachibowli forest restoration plan in 6 weeks; tree felling halted.

  • An SIT report on NOIDA's land compensation issues led to SC directives for transparency and accountability.

  • SC ordered the restoration of waterbodies in Saini, Gautam Budh Nagar.

Kancha Gachibowli forest restoration

The Telangana government assured the Supreme Court August 13, 2025 that it is preparing a holistic development plan for the Kancha Gachibowli forest area, ensuring that the interests of the environment and wildlife are balanced with the objectives of development.

The SC was informed that in compliance with earlier court directions, all tree-cutting activities have been stopped.

The apex court appreciated the state for taking such a stand. It observed that it is not opposed to development, however, such "development must be sustainable". "While carrying out the developmental activities,  the interests of the environment and the wildlife has to be taken care of, by ensuring appropriate mitigation and compensatory measures," the SC said.

If Telangana proceeds with such a balanced proposal, the SC would welcome it, said the bench of Chief Justice of India BR Gavai and Justice Vinod Chandran.

Telangana was granted six weeks to submit a restoration plan for Kancha Gachibowli forest.

On April 3, 2025, the top court expressed shock at the large-scale felling of trees in hundreds of acres of land in Kancha Gachibowli forest near the University of Hyderabad and intervened to halt tree felling in the area till further orders.

SC orders investigation into NOIDA land compensation payments

After going through a Special Investigation Team (SIT) report that highlighted significant lapses in the functioning of the NOIDA authority, SC issued directions on August 13, 2025 to enhance transparency and accountability in the development of NOIDA projects.

The bench of justices Surya Kant and Joymalya Bagchi emphasised that said there should be prioritisation of environmental impact assessments (EIA) and directed the principal secretary, Department of Environment, Forest and Climate Change, Uttar Pradesh and the chief executive officer, NOIDA to ensure that no project is given effect without having EIAs and approval of the report by the green bench of SC.

In order to infuse transparency and citizen-centric approach in the day-to-day functioning of NOIDA, the SC directed submission of a copy of the SIT report to the chief secretary of Uttar Pradesh, who in turn will place the same before the Council of Ministers to enable them to take an appropriate decision. 

The SC directed the state's chief secretary to post a Chief Vigilance Officer in NOIDA, who should be an officer either from the IPS cadre or an officer on deputation from CAG.

The chief secretary was also directed to put up the matter before the competent authority and ensure that a Citizen Advisory Board is constituted within four weeks.

The Director General of Police, Uttar Pradesh was directed to constitute an SIT comprising two police officers of IPS Cadre, who may be of UP Cadre but belonging to different states, to investigate the issues especially relating to whether there was collusion between the beneficiaries and NOIDA officials and the functioning of the NOIDA authority.

If the SIT, after the preliminary enquiry, found that "prima facie cognizable offence to have been committed, it will register the FIR and proceed further in accordance with law".

The outcome of the SIT shall be placed on record by way of a status report by the head of SIT, the order said.

The SIT presented a report to SC, indicating that the compensation amount given to landowners exceeded what was warranted by court judgments over time. The SIT noted that increased compensation was provided in 1,198 cases, while court orders for such payments were issued in 1,167 cases.

It was explained that exorbitant / excessive compensation was paid in 20 cases. The SIT has identified officers responsible for the exorbitant / excessive compensation paid to the landowners in the 20 cases.

On the issue of whether there was any collusion between the beneficiaries and NOIDA officials, the SIT has explained that it was necessary to examine the bank account details of the officers, their family members, the landowners and the assets acquired by the officers during the relevant period. It was stated that the documents pertaining to over 10 years ago need to be acquired and examined.

On the question of whether the overall functioning of NOIDA lacks transparency, fairness and commitment to the cause of public interest, SIT has stated that the current initiatives are commendable but they primarily function as reactive measures rather than proactive engagement strategies.

"It is candidly acknowledged that the residents report delays in responses and inadequate resolutions to their complaints. The governance structure in NOIDA tends to centralise power within a small group of individuals".

The SIT further highlighted that the decision-making process often lacks transparency, with significant decisions made without adequate public scrutiny or input. The SIT has also pointed out that there is an absence of regular public reporting on project statuses.

Most importantly, it was highlighted that the composition of the Land Allotment Committee leads to policies that tend to favour developer and the officials do exercise a lot of discretionary power. A stage has been reached where the "NOIDA is nearing the limits of available land for future development".

Keeping all the aspects in view, the SIT made certain significant recommendations, including formation of a Metropolitan Corporation in place of the existing entity.

Similarly, appointment of a Chief Vigilance Officer; constitution of a committee monitored by the High Court to codify the discretionary powers of NOIDA so that such powers are not misused, regular third-party audits to ensure probity in financial transactions; regular scheduling of public meetings; establishment of a Citizen Advisory Board and prioritisation of Environmental Impact Assessments have also been strongly recommended.

Restoration of waterbodies in Saini, Gautam Budh Nagar

SC directed on August 11, 2025 the constitution of a six-member expert committee to identify the catchment area of the ponds and restoration of the same in Saini village, Dadri tehsil in Uttar Pradesh's Gautam Budh Nagar district.

The expert committee was directed "to identify the catchment area, the natural flow of water in the ponds, and the impediments that would be required to be removed for their restoration".  

The SC recommended that the expert committee invites suggestions from all stakeholders, including residents of nearby areas. The Greater Noida Industrial Development Authority (GNIDA) was directed to earmark a dedicated fund for the restoration of not only the two waterbodies in khasra numbers 552 and 490 but also for all such other waterbodies falling in that area.

On November 25, 2019, SC had given directions that the allotment of all waterbodies (both ponds and canals) to private parties is illegal. Orders were given for restoring, maintaining and protecting the waterbodies in Saini. Directions were given to remove all obstructions from the catchment area through which natural water accumulates in the village ponds.

During the latest hearing, SC noted that allotment of two waterbodies to private parties has been cancelled and both khasras (552 and 490) have been restored to the ownership of Greater Noida Industrial Development Authority (GNIDA).

However, the directions issued by SC to remove obstructions from the catchment area through which natural water accumulates in the village ponds and consequential maintenance of both the ponds were still awaiting compliance.