Environment

Daily Court Digest: Major environment orders (September 1, 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

  • MoEFCC denies environmental clearance for alleged road construction between Ganga-Taipu and Ganga-Tago, Arunachal Pradesh.

  • NGT hears sewage contamination case near Madiwala Lake; BWSSB and BBMP pulled up for non-compliance.

  • Uncovered drains in Delhi under scrutiny after death of a 5-year-old; compensation announced.

  • Multiple agencies faulted for delays, inaction, and lapses in environmental safeguards.

  • NGT demands updates and action plans to address violations and protect public safety.

Road Construction between Ganga-Taipu and Ganga-Tago, Papum Pare district

The Union Ministry of Environment, Forest and Climate Change (MoEFCC) has not granted any environmental clearance for road construction activities in the catchment areas between Ganga-Taipu and Ganga-Tago in Papum Pare district, Arunachal Pradesh, the National Green Tribunal (NGT) was told August 29, 2025.

A counter-affidavit by the MoEFCC stated that the ministry had not received any proposal under Category A for road construction in the stretches from Ganga to Taipu or Ganga to Tago, as referred to in a news item published in the newspaper Arunachal Times on 22 April 2025.

Any such construction activity carried out without prior environmental clearance, where required under the EIA Notification, 2006, would constitute a violation of the rules. “No environmental clearance has been granted by the ministry for the alleged road construction activities,” the affidavit stated. It further clarified that enforcement of environmental safeguards at ground level lies within the jurisdiction of the relevant state authorities.

The case relates to alleged illegal and unauthorised road construction in the ecologically sensitive catchment areas between Ganga-Taipu and Ganga-Tago. The article, Villagers seek halt on illegal road construction, reported that despite repeated complaints, unauthorised earth-cutting and construction using heavy machinery continued in the region, causing forest land degradation, contamination of water sources, and health risks to villagers.

It also alleged inaction by the Range Forest Officer and noted that the Village Forest Committee had submitted a representation to the Governor of Arunachal Pradesh seeking urgent intervention.

Flow of sewage into stormwater drain near Madiwala Lake, Bengaluru

Requisite directions to prevent the flow of sewage into a stormwater drain (SWD) connected to Kodichikkanahalli near Madiwala Lake, Bengaluru, were issued by the Karnataka State Pollution Control Board (KSPCB), according to its report dated August 29, 2025.

The KSPCB had received a complaint regarding sewage entering the SWD attached to “No. 96, Vakil Marina, Kodichikkanahalli near Madiwala Lake, opposite Janapriya Apartments, BTM Layout”.

Upon inspection on September 6, 2024, KSPCB observed sewage flow from an upstream location in JP Nagar into the SWD, identified as the source of foul odour in the area. Residents of Vakil Marina informed officials that their housing layout covers approximately 4.2 acres, but it is not under KSPCB’s consent mechanism.

The regional KSPCB office issued a notice to the Executive Engineer of Bruhat Bengaluru Mahanagara Palike (BBMP), Bommanahalli Division, on September 9, 2024, directing diversion of sewage from the SWD to the Bangalore Water Supply and Sewerage Board (BWSSB) underground drainage network, with compliance reporting to KSPCB.

Following an NGT order dated October 4, 2024, the Central Pollution Control Board (CPCB) conducted a joint inspection with KSPCB on 19 November 2024. Despite prior notification, no BBMP representatives were present. The CPCB’s report emphasised that SWD maintenance falls under BBMP jurisdiction.

The CPCB subsequently issued a letter to KSPCB on November 27, 2024, instructing it to issue directives under the Water (Prevention and Control of Pollution) Act, 1974, to BWSSB and BBMP to prevent sewage flow into the SWD. Directions included:

  • Diverting sewage into a nearby underground drainage network connected to a sewage treatment plant (STP).

  • Cleaning the drain quarterly during low-flow periods to maintain efficiency and mitigate odour.

  • Restoring the drain by blocking sewage inflow sources.

BBMP reported that it had desilted the SWD and requested BWSSB to address sewage ingress. However, during a KSPCB inspection on July 25, 2025, BWSSB was found non-compliant, and its response was deemed unsatisfactory.

The KSPCB has decided to hold a personal hearing with both BBMP and BWSSB to resolve the issue, and further steps will be taken to ensure compliance.

Uncovered drains in Delhi 

The NGT, on August 29, 2025, heard the matter of uncovered drains in Delhi posing safety risks.

Counsel for the Delhi Jal Board (DJB) reported that, following NGT directions dated April 24, 2025, a joint meeting with the Public Works Department (PWD) was held on July 10, 2025. DJB field staff had earlier inspected the site on June 15, 2025, where a five-year-old girl had tragically lost her life.

The incident occurred at a 6 ft x 6 ft open stormwater drain under PWD’s jurisdiction, located on Palla-Bakhtawarpur main road, near Akbarpur Majra village. The drain, which collects discharge from surrounding areas, was found uncovered in several sections.

DJB clarified that no sewerage network exists in the area; however, a proposal to establish sewerage infrastructure and decentralised sewage treatment plants (DSTPs) has been prepared, with an expected completion date of June 2028.

PWD stated that, as per Delhi High Court guidelines, cast-in-situ RCC cover slabs were removed, with precast covers now being planned for residential areas. Subject to court approval, precast slabs will be installed 50 metres upstream and downstream of the incident site. Financial clearance has been secured for sewerage works in Tajpur, Sunderpur, and Palla, and a tender will be floated within four weeks.

The NGT directed DJB’s counsel to file an updated affidavit with progress details within eight weeks. The District Magistrate, North West Delhi, informed the tribunal that Rs 5 lakh would be paid as compensation to the victim’s family within six weeks, with compliance to be reported within eight weeks.