Environment

Daily Court Digest: Major environment orders (December 5, 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

  • CPCB developing centralised EPR system for vehicle scrapping compliance.

  • MMRDA claims no environmental clearance required for Thane-Borivali tunnel hearing; forest clearance pending.

  • NGT examines illegal multi-storey constructions in Mount Abu buffer zone.

EPR portal for end-of-life vehicles at final stage: CPCB

The Central Pollution Control Board (CPCB) is in the final stage of developing a centralised Extended Producer Responsibility (EPR) portal for end-of-life vehicles (ELV) to facilitate registration of stakeholders (producers, registered vehicle scrapping facilities [RVSF], bulk consumers), filing of returns and fulfilment of obligations.

This was mentioned in a CPCB report dated November 27, 2025 filed before NGT. It related to large-scale violations of environmental and safety norms in West Delhi’s Mayapuri Industrial Area Phase II, where the scrap market has been reported to have once again descended into chaos with the return of hundreds of illegal scrap-dealing units causing air, water and noise pollution.

On January 6, 2025, the Union Ministry of Environment, Forest and Climate Change notified the EPR provisions for scrapping ELVs in the Environment (Protection) (End-of-Life Vehicles) Rules, 2025 (ELVs Rules 2025).

The rules came into effect on April 1, 2025. They mandated that producers be registered by CPCB and RVSFs and bulk consumers by concerned SPCB / PCC.

Further, according to the rules, every producer should fulfil the EPR obligation for vehicles already introduced or will introduce in the domestic market, including vehicles put to self use, to ensure scrapping targets specified in the rules. 

EPR should be fulfilled through purchase of EPR certificate generated by RVSF.

As per the responsibilities outlined under ELVs Rules 2025, producers are required to promote and facilitate the deposit of end-of-life vehicles at RVSFs or designated collection centres, organise public awareness campaigns and provide incentives to consumers for safe disposal of unfit vehicles. 

Further, RVSFs should undertake activities relating to scrapping of ELVs (namely depollution, dismantling, storage, recycling and material recovery operations) in an environmentally sound manner.

A The Times of India news article dated September 22, 2025 mentioned that Delhi currently has only one registered vehicle scrapping facility categorised as an ‘orange’ industry (moderately polluting) that requires consent from the Delhi Pollution Control Committee (DPCC) to operate.

CPCB classifies sectors into colour-coded categories based on their pollution potential. In 2020, CPCB classified scrapping centres (for ELVs and other scraps such as plant and machineries, structural material, railway coaches and wagons) under orange category.

In 2025, CPCB revised the methodology for classification. According to the new definitions, the collection, depollution and dismantling centres (without shredding) were brought under the orange category. The common shredders (standalone) came under the green category, while collection centers (without depollution, dismantling and shredding) came under white. 

All the industries under orange and green categories were required to obtain prior consent from concerned SPCBs / PCCs. For white category of industries, only intimation to concerned SPCB / PCC is sufficient. 

No EC required for Thane-Borivali underground link road: Mumbai authority

The twin tunnel underground road linking Thane to Borivali does not fall within the purview of the Environmental Impact Assessment Notification, 2006, and therefore, an environmental clearance is not required, stated the report filed by the Mumbai Metropolitan Region Development Authority (MMRDA) before the National Green Tribunal (NGT) December 3, 2025.

The State Environment Impact Assessment Authority (SEIAA) Committee clarified vide letter dated April 15, 2019 that since the proposed project is neither an expressway, express highway, national highway or a major state highway, it does not fall within the purview of the EIA Notification, 2006.

The matter related to environmental concerns raised regarding three project proposals of Brihanmumbai Municipal Corporation (BMC) — Krishna Nagar bridge, Goregaon-Mulund tunnel link road and Borivali-Thane twin tunnel projects.

An article published in the Free Press Journal on January 17, 2024 stated that the projects utilise portions of the Sanjay Gandhi National Park (SGNP) in their construction. The article further highlighted numerous concerns of environmentalists and civil society organisation regarding environmental degradation, impact on wildlife and forest conservation that arose as a response to the constructions.

The MMRDA report noted that the proposed underground tunnel would provide direct connectivity between Tikuji-ni-Wadi in Thane district and Borivali in the Mumbai suburban district, by significantly reducing the distance to 11.84 kilometres and travel time to under 15 minutes.

The report said that a substantial portion of the project falls within the notified limits of SGNP. It was approved to be made 20-25 meters below ground level and was to be executed entirely through mechanised tunnel boring methods in order to minimise surface disturbance.

As the excavation depth is significantly below the typical habitation zones of terrestrial and burrowing fauna, and primarily within hard rock strata, direct impact on wildlife habitat, both surface and subsurface, is
expected to be negligible. No tunnel portals, ventilation shafts or ancillary works are proposed within the notified limits of SGNP.

Even though the project did not require approval by way of an environmental clearance, MMRDA conducted a detailed EIA study.

MMRDA obtained wildlife clearance from the State Board for Wildlife (SBWL) on October 23, 2023 and National Board for Wildlife (NBWL) on February 7, 2024, having submitted compliance report in June 2025. A separate study was conducted by the Wildlife Institute of India (WII) and it has been ensured that the recommendations from the study are being implemented on site as well.

MMRDA had applied for forest clearance for the diversion of 35.5644 hectares of forest land, which forms part of the notified forest area of SGNP for the project. The clearance for Stage-I was granted by the Government of India February 9, 2024 subject to certain conditions. However, Stage II is still awaited.

In compliance with the conditions stipulated by the Government of India while granting Stage-I forest clearance and in furtherance of applicable environmental and forest regulation, MMRDA furnished a series of undertakings, thereby ensuring adherence to the requisite compliances.

One of them was to ensure that the legal status of the forest land should remain unchanged. As per one of the conditions, the Maharashtra government would carry out compensatory afforestation and its maintenance in the identified non-forest area over an extent of 35.5644 hectare. Further, non-forest land at Umravati village in Phulambri taluka of Aurangabad district would be utilised for compensatory afforestation.

The identified non-forest area would be transferred and mutated in favour of the forest department. MMRDA has furnished undertaking that no vertical / surface vents / shafts / other vertical openings are permitted inside the SGNP and no exhaust pollution will be released into SGNP.

Further, a proper muck disposal plan has been implemented to handle and dispose of the muck generated during the execution of the project. 

Illegal constructions in Abu, Sirohi

NGT December 4, 2025 took up the case of illegal constructions taking place in Abu, Sirohi district, Rajasthan.

The applicants had complained that despite the ban on a new construction by the Supreme Court in Danav Patwar village in Halka Manpur tehsil due to the declaration of Abu Road as a buffer zone / eco sensitive zone, constructions are taking place on the stretch.

The Brahma Kumari Sansthan Danava (Shantivan), with the connivance and corrupt practices of the officials of the local revenue department / forest department / Urban Improvement Trust for Mount Abu, has illegally constructed hundreds of multi-storey buildings on the forest department land near Anand Sarovar.