Environment

Daily Court Digest: Major environment orders (July 16, 2026)

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

Susan Chacko

NGT seeks explanation for wall on either side of drain

On July 15, 2026, Justice Prakash Shrivastava's bench asked the Bruhat Bengaluru Mahanagara Palike (BBMP) to explain the justification for constructing a retaining wall both sides of a storm water drain and whether the construction has not “defeated the purpose of having a storm water drain”.

The matter relates to the discharge of sewage into a stormwater drain attached to Vakil Marina, a housing society in Kodichikkanahalli near Madiwala Lake in Bangalore.

"If the retaining wall going above the ground level is constructed on both of storm water drain then it may prevent the flow of the storm water into the drain," said the court and this aspect needs to be clarified.

BBMP sought four weeks time to file reply and clarify the position. The court also reminded that the tribunal by the previous order had also directed Deputy Commissioner, Bengaluru Urban District to place on record the concerned old revenue records indicating the area of lake and also disclose if there is any encroachment in the area. The NGT directed that the report be filed within four weeks. 

The chairperson of Bangalore Water Supply and Sewerage Board (BWSSB) filed an action taken report March 23, 2026 enclosing photographs. The photographs show a nallah stated to be flowing by the side of the lake. A wall has been erected on both sides of the nallah.

BBMP stated in its reply affidavit of July 14, 2026 that the retaining wall was constructed as part of the stormwater drain works. The report stated that around 2.5 km of RCC retaining walls were constructed on both sides of the stormwater canal / drain to channelise stormwater flow and prevent inundation of adjoining low-lying areas during heavy rainfall. The retaining walls were designed and constructed along the periphery of the lake following the contour of the existing lake boundary, and did not encroach upon or reduce the extent of the lake water body.

The report by the Central Pollution Control Board (CPCB) January 2025 stated that SWD and Vakila Marina Layout ws separated by a retaining wall on both the sides to avoid entry of sewage into the laid layout and Madiwala Lake. SWD was completely used for carrying sewage generated from the areas located in the upstream areas. Over the years, width of the SWD has been increased to the existing width of 15-20 meter to carry the sewage generated from the upstream areas.

NGT seeks timeline for clearing legacy waste near Poonch

The National Green Tribunal (NGT) directed the Municipal Corporation, Poonch on July 15, 2026 to file a report stating the progress made in clearing the legacy waste dumped along River Poonch and to provide a timeline for clearing all the legacy waste. The affidavit should also disclose the steps the corporation has taken to prevent leachate from flowing into the river during the forthcoming monsoon.

The counsel for the applicant has referred to photographs and submitted that probably the Poonch municipal corporation instead of clearing the legacy waste is levelling in the same area. The corporation's next affidavit should clarify this aspect also, the court directed.

The deputy commissioner of Poonch was directed to ensure that appropriate remedial action is taken under the Solid Waste Management Rules, 2006 and file a report.

The tribunal is examining the grievance of unscientific dumping of solid waste and bio-medical waste in the areas falling between Sher-E-Kashmir bridge (NH 144A) and the confluence of River Poonch and Belar Nala near Poonch town, Jammu & Kashmir.

In earlier proceedings, the tribunal noted that legacy waste was dumped by the side of the river and the Municipal Corporation (MC), Poonch was required to take appropriate action to clear it.

The latest affidavit, filed by the MC, Poonch on July 8, 2026, discloses that the legacy waste is still dumped there and has not been cleared. The MC, Poonch is in the process of entering into an agreement with M/s Lord Shiva Enterprises for clearing it.

CEO appearing for the municipal corporation of Poonch informed the court that the work order has already been awarded and the work will commence soon.

The affidavit by the corporation also stated that environmental compensation has been levied and partially paid.

Illegal mining in Baghpat, Uttar Pradesh

The NGT, on July 14, 2026 expressed dissatisfaction with the report filed by the Director, Geology and Mining Directorate, Uttar Pradesh, concerning illegal mining in Baghpat district. 

The court pointed out that the report was not filed by way of affidavit and was not signed by the Director, Geology and Mining, Uttar Pradesh or any other duly authorized officer. The report also fails to provide complete information regarding the implementation of the court's directions and action taken concerning incidents of illegal mining particularly in district Baghpat and the measures taken by the District Task Force Baghpat regarding these incidents.

The court directed the Director, Geology and Mining Directorate, to file a compliance report. Uttar Pradesh Pollution Control Board (UPPCB) filed a compliance affidavit on April 10, 2026 mentioning that Smart Mart Stores had deposited an EC amount of Rs 4,63,563 on November 20, 2025 and that this amount will be utilized for plantation along a 5 km stretch of the bandh between Mavikalan and village Alipur.

UPPCB was directed to utilise the amount of Rs 4,63,563 for carrying out the plantation and file a report. Director, Geology and Mining Directorate, Uttar Pradesh, and the District Magistrate, Baghpat are directed to take requisite steps for mine closure by utilising the amount allocated in the Mine Closure Plan for that purpose, recovering the allocated amount from the miner, and filing a compliance report. 

The matter relates to illegal mining in Sankraudh village, Baghpat district, Uttar Pradesh.