Environment

Daily Court Digest: Major environment orders (August 8, 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

Gangotri National Highway

There is a need for expeditious action at the ground level to carry out protection work on the Gangotri National Highway in Uttarakhand’s Uttarkashi district, the National Green Tribunal (NGT) said on August 7, 2025.

The possibility of misshaping in the area cannot be ruled out for want of requisite protection work, the court pointed out.

The bench of Justice Prakash Shrivastava said the two agencies — National Highways & Infrastructure Development Corporation Limited (NHIDCL) and Border Roads Organisation (BRO) — are shifting the responsibility on each other.

The NGT directed that a joint meeting of BRO and NHIDCL high officials be held promptly, so that responsibility could be fixed and requisite protection work gets done.

The petitioner had said the NHIDCL has failed to take action for construction of landslide protection gallery, slope protection work and river protection work on the Gangotri National Highway. There is a need for construction of landslide protection gallery and slope protection work, including a cattle fence, at Barethi in Uttarkashi, the applicant added.

The counsel appearing for BRO referred to the findings recorded during the site inspection of Barethi. The column footing of seven columns is exposed due to complete erosion of the valley side slope which provided cover to the columns, thus making them prone to further damage. Massive debris at the base of the valley side hill slope shows the extent of damage. NHIDCL has made efforts to stop erosion by cement grouting. But the effectiveness of the efforts can only be tested with time.

“There are signs of sinking on the edge of the road leading to damages to the crash barrier at two places,” the report said.  

The counsel for BRO submitted that NHIDCL was the executing agency. Therefore, it was required to do remedial work, work of slope protection and landslide protection gallery, etc.

The defect liability period is over, said the NHIDCL counsel. Therefore, BRO is required to do the needful. 

DSR for Banda, Basti and Shamli

The NGT on August 8, 2025, expressed unhappiness at the delay in filing of reports by the State Environment Impact Assessment Authority (SEIAA), Uttar Pradesh.

The counsel for SEIAA on May 13, 2025, had sought time to place on record the specific details relating to the three districts — Banda, Basti and Shamli — concerning preparation and consideration of a replenishment study while approving the district survey report (DSR) of the districts. The court had accepted the request but the report was not filed even on August 8, 2025.

The SEIAA again sought a further three weeks’ time to file the report. The NGT accepted the request and warned that no further adjournment will be granted on this ground.

The DSR of Banda, Basti and Shamli districts has been approved without conducting any replenishment study, it has been alleged.

Encroachment of green areas in Jhansi

The Master Plan 2031 of Jhansi has been notified recently, the Jhansi Development Authority (JDA) informed the NGT on August 7, 2025. It also sought short adjournment to place the same on record.

The counsel for the applicant referred to the NGT order dated October 10, 2023. The concerned authorities were required to taken expeditious action for protection and restoration of the green belt in terms of the order, the counsel said. The development authority and divisional forest officer have not done plantation on the vacant 25.31 hectare land and have not responded to till now.

The JDA counsely submitted that he would ascertain the status of compliance of the NGT order and then file further a compliance affidavit within three weeks.

The petitioner had raised a grievance against alleged illegal encroachment on the park and green belt at Dadiapura, Jhansi Khas, Vudha, Pichor and Nayagaon.