Environment

Daily Court Digest: Major environment orders (June 3, 2026)

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

DTE Staff

NGT hears case seeking reappraisal of Angul open cast mine

The eastern bench of the National Green Tribunal (NGT) on May 29, 2026 heard a case seeking quashing of the environmental clearance (EC) granted to Mahanadi Coalfields Limited for Subhadra Open Cast Mine.

The court directed that the Odisha State Pollution Control Board be added as a respondent for a "just and proper adjudication of the substantial environmental questions involved" in the appeal. The SPCB has been directed to submit its response on the matter. 

The matter relates to environmental clearance (EC) dated March 6, 2024 granted by the Union Ministry of Environment, Forest and Climate Change (MoEFCC) in favour of Mahanadi Coalfield Limited for Subhadra Open Cast Mine, with a production capacity of 25 MTPA in a mine lease area of 111,185 hectare at Gopal Prasad, Kumuda, Nisha, Kankarei, Raijharan, Nisha villages, Sadar tehsil and Chhendipada, Angul district, Odisha.

The applicant wants directions issued to the MoEFCC to undertake a reappraisal of the project. This reappraisal must use traceable baseline data for the air pollutant parameter “benzene” in ambient air, utilising monitoring and testing reports from a different highly acclaimed environmental laboratory that meets the requirements of the Environmental Impact Assessment Guidelines, IS 5182 (Part11) and any other requisite standards.

The appellant, Sanjaya Kumar Mishra has submitted that the environmental clearance was granted without a proper appraisal of the baseline data concerning the air pollutant 'benzene'. The reporting of the test results for "benzene" does not conform to IS: 5182 (P-11): 2006 standards, as claimed in the MoEFCC's Expert Appraisal Committee's (EAC) minutes of meeting.

Although EAС MoM acknowledges that the laboratory tasked with generating the baseline data holds NABL accreditation but the test results in question have been reported on non-NABL accredited report pads. These results lack any claim of NABL accreditation specific to the tests reported. This also lacks NABL reporting practice.

EAС MoM has "merely relied on the undertaking provided and neglected to dutifully and diligently verify the essential technical aspects as required". Consequently, the appraisal process lacks scientific rigor and was conducted inappropriately. Furthermore, the issuance of the Environmental Clearance overlooked a relevant complaint, thereby undermining the integrity of the Environmental Impact Assessment and the Environmental Appraisal processes involved.

Himachal Pradesh pharma company violating environmental norms

NGT May 29, 2026 directed Morepen Laboratory Limited to file its response on allegations that the industrial unit located in village Tiron, tehsil Kasauli, district Solan, Himachal Pradesh is engaged in pharmaceutical manufacturing by violating environmental norms. Morepen Laboratory has been directed to file a reply to the application within four weeks. The next hearing date is September 10, 2026.

Alongwith Morepen Laboratory Limited, the state of Himachal Pradesh and the Himachal Pradesh Pollution Control Board has been directed to submit their response on the matter.

Plea of the applicant is that he lives in close proximity to the manufacturing unit and the unit operates generator sets and industrial machinery, causing noise pollution beyond permissible limits. In support of this allegation, the applicant's counsel referred to the noise monitoring report filed with the application.

The applicant further alleged that the industrial unit discharges effluents beyond prescribed limits, causing pollution. The applicant also stated that the unit is involved in the unauthorized diversion of irrigation water for industrial use.

Electronic-waste eco park at Delhi village

NGT directed the Delhi Pollution Control Committee, along with the Delhi State Industrial and Infrastructure Development Corporation Ltd, and the Central Pollution Control Board on May 29, 2026 to submit its reply on the application filed against setting up an e-waste eco park on 8.5 hectares of land at Holambi Kalan village, Delhi. 

Plea of the applicant is that the land was residential and that the land use has been changed from residential to utility. Counsel for the applicant referred to the notification of June 18, 2025 concerning the change of land use and relied on the Master Plan extract that mentions the services / activities covered under utility. Referring to the same, the counsel submitted that setting up an e-waste management plant is not covered under utility. 

He has further submitted that the e-waste management plant is a red category industry and must follow the siting criteria which has been prescribed in the Control of Water Pollution (Grant, Refusal or Cancellation of Consent) Guidelines, 2025. 

The counsel stated that the guideline requires a minimum distance of 500 metres from settlements, educational institutions, places of worship, archaeological monuments, national parks, reserve forests, and heritage sites for an industrial unt. Holambi Kalan is adjacent to the site on the western side. The court was informed that as many as 8 schools are located within 500 metres of the site. 

Relying on Rule 10 of the E-Waste (Management), 2022, the counsel for the applicant has submitted that an e-waste dismantling and recycling facility can be set up on earmarked or allocated industrial space and sheds in the existing and upcoming industrial parks, estates and industrial clusters. However, the present e-waste management facility is in none of these areas.