Environment

Daily Court Digest: Major environment orders (December 11, 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

Look into seismic, forest right issues: NGT on Bijli Mahadev ropeway project

Himachal Pradesh assured the National Green Tribunal (NGT) December 9, 2025 that the issues raised in the feasibility report with respect to the construction of 2.4 kilometres long ropeway project at Bijli Mahadev, Kharal valley, Himachal Pradesh would be looked into and properly responded to.

Counsel for the applicant has submitted that some issues require consideration ,mainly taking into consideration the feasibility report that contained the details of natural occurrences. 

The report stated that the project is situated in a seismic zone-V area. Special attention should be given to the structural design of foundation, and other elements such as the reinforced concrete foundations. Seismic loading and seismic considerations must be considered further within the detail and technical design phases. 

In addition, the area where the ropeway is proposed is highly prone to landslides. Structural stability and appropriate safety considerations must be considered further to prevent damage to the ropeway system due to landslides. Further, the valley station of the ropeway lies next to river Beas. 

Referring to the report, the counsel for the applicant submitted that in terms of the disclosure made about the earthquake, landslides and flooding certain assessments, structural stability and measures are required to be taken which have not been done. Secondly, the report states that the project is situated in the seismic zone-V area. The applicant pointed out that in a recent report, the region was placed under the high-risk zone-VI. 

Therefore, the planning and execution is to be done having due regard to the requirements of seismic zone-VI. Also, the feasibility report in full has not been placed on record — the appendix is missing. 

The settlement of the forest rights has not been done and the no objection certificate is “forged” and a police report in this regard was made. The forest rights of 14 villages are to be settled, but in the proceedings of the meeting, the rights of only four villages have been settled. 

Counsel for the project proponent, National Highway Logistics Management Ltd has submitted that there is no detailed project report, but the feasibility report itself is the DPR.

Unscientific riverbed mining in River Sukhnag

NGT December 9, 2025 granted time to the joint committee to file its report on damages caused due to illegal and unscientific riverbed mining in River Sukhnag, Budgam district, Jammu & Kashmir. The court will next hear the case on February 26, 2026. 

Applicant Raja Muzaffar Bhat said that large-scale riverbed mining in the area is in progress and miners are using JCB machines and cranes that adversely affect the ecology of Sukhnag. 

When the matter was taken up on September 24, 2025, the tribunal was informed that a five-member committee under the chairmanship of the sub-divisional magistrate of Beerwah was constituted to ascertain the damage caused on account of mining / short-term permit operations / illegal mining. 

NGT had then directed that the committee should carry out the work under the supervision and guidance of an independent committee. Hence, the court directed the constitution of a joint committee composed of Member Secretary, J&K State Pollution Control Committee (J&KPCC); Union Ministry of Environment, Forest and Climate Change (MoEFCC), Chandigarh and a nominee of the expert by the Director, GB Pant Institute.

The Member Secretary of J&KPCC would coordinate in the joint committee. It would ensure that the committee constituted by Deputy Commissioner, Budgam by the order dated August 27, 2025 assesses the damage caused due to mining / short-term permit / illegal mining by taking into account all the relevant factors and consideration and also ascertain the persons responsible without showing any favour or bias towards any person.

If need arises, joint committee formed by the tribunal could send its representative to the spot when the verification is done by the five-member joint committee appointed by the deputy commissioner,  Budgam.

Though the 10 weeks’ time granted by the tribunal for submission of the report by the joint committee is over, the report has not been placed on record. 

The Counsel for Jammu & Kashmir and J&KPCC submitted that the report of the joint committee would be filed within four weeks. He has been directed to supply an advance copy of the report to the counsel for the applicant so that objection to the report could be filed within two weeks. 

Encroachment of waterbody, pollution in Kaffarpur Kalan village

NGT December 9, 2025 directed notices to be issued to the Delhi Pollution Control Committee and the Municipal Corporation of Delhi to submit its response on the matter of waterbody encroachment and pollution in Kaffarpur Kalan village in Delhi.

A letter petition was sent by Jitender, resident of village Jaffarpur Kalan, Delhi. The applicant has raised grievances against pollution and encroachment in johad/pond which is situated in village Kaffarpur Kalan. It was said that dirty sewage and garbage is thrown in the pond and the pond has been encroached upon. There is also illegal dumping of mud.