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Environment

Daily Court Digest: Major environment orders (September 1, 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

DJB blames DUSIB for delay in Delhi's sewage treatment plants

The Delhi Jal Board (DJB) is taking all necessary and expeditious steps to ensure complete interception, diversion and treatment of sewage from all identified drains, subject to the grant of requisite permissions by the concerned authorities.

This was stated in the report filed by the DJB on August 29, 2026 before the National Green Tribunal (NGT).

The report stated that DJB had already submitted to the tribunal that out of the 22 drains identified for trapping by DJB, the works for five drains (Pant Nagar / Lajpat Nagar) have been completed.

In respect of KD1 (Hill view SPS, Vasant Vihar), the modular decentralised sewage treatment plant (DSTP) work is in progress and likely to be completed by December 31, 2026.

For eight drains, the DJB has repeatedly communicated to the Delhi Urban Shelter Improvement Board (DUSIB) that technically feasible single discharge points are required before the sewage emanating from the JJ clusters can be trapped and connected by the Delhi Jal Board to the sewer network.

DJB has continued to pursue the requisite site permissions/NOCs with the concerned land-owning / land managing authorities.

Letters were addressed to the Deputy Director (Horticulture), DDA seeking NOC/site permission for installation of modular DSTPs at two places for which approximately 100 sq meter space is required. The letters also requested an action plan for the utilisation of treated drain water for horticulture purposes in the concerned parks.

For a drain in Safdarjung Development Area, the dry weather flow measurement has been completed and the estimation process has progressed. The work is likely to be completed by December 31, 2026. The DJB is simultaneously coordinating with MCD / DDA / Forest for finalisation of the DSTP location as the proposed site falls within the jurisdiction of those agencies.

Regarding two drains — one in Hauz Khas village and another in Gautam Nagar — the flow measurement work has been completed and the flow quantity was found to be too high for installing a modular DSTP at the presently contemplated point. Accordingly, another technically feasible option by reducing the flow is being explored.

For the remaining drains, the progress of certain works has been affected due to the monsoon season, which caused difficulties in executing works at the site, including restrictions on excavation and other allied construction activities. Nevertheless, the Delhi Jal Board is continuously pursuing the requisite works and permissions and is taking all possible steps to complete the remaining works within the revised timelines.

The DJB is ready and willing to install DSTPs, wherever considered necessary and technically feasible at suitable locations within the concerned JJ clusters. However, this would necessarily be subject to the availability of a technically feasible site and the land being provided and made available by DUSIB, along with all requisite permissions.

For drains pertaining to the jhuggi jhopri (JJ) clusters for which technically feasible single discharge / trapping points are required to be provided by the DUSIB, progress continues to be hindered due to the non-provision of such single points by DUSIB. Despite directions by the NGT and the observations/recommendations of the joint committee, DUSIB has made no substantive progress in identifying and providing the requisite technically feasible single discharge points, notwithstanding the repeated communications/reminders issued by the Delhi Jal Board.

The DJB stated that the matter also falls within the statutory sphere of DUSIB. The statutory role of DUSIB in matters concerning the provision and improvement of civic infrastructure and drainage in JJ Bastis is thus material to the execution of the remaining trapping works.

Accordingly, unless DUSIB identifies and provides the requisite technically feasible single points, the DJB cannot proceed with the connected trapping works.

Panel to finalise full tank level of Kerwa, Kaliasot, Bhoj wetlands

The NGT central bench directed the constitution of a seven-member committee on August 31, 2026, to finalise the full tank level (FTL) of Kerwa, Kaliasot and Bhoj Wetland (Bada Talab and Chota Talab) in Bhopal, Madhya Pradesh.

The committee should also ensure geo-tagging, satellite imagery, ground truthing, remote sensing and drone survey application with videography at the places where the FTL water level has exceeded the fixed point of pillars already installed during the summer season. 

In addition to above, the court directed the inclusion of four environmental specialists to participate in the proceedings or working of the committee formed

The directions came in the wake of the proceedings held in the court. Counsel for the state and the Municipal Corporation, Bhopal as well as the counsel for the applicant, consented that in the interest of the matter raised, the FTL had already been finalized during the non-rainy season. Now, as the wetland is approximately at full tank level, the FTL may be finalized as soon as the full tank level is achieved without opening the gates. 

The tribunal directed the Water Resource Department, Madhya Pradesh, not to open the wetland gate until it exceeds the FTL level. The court said the wetland's FTL must be finalized and demarcated after the full tank level is achieved. 

With the concurrence of all, the court also directed the authorities to finalize the matter and the controversy raised in the application so that the FTL of Kerwa, Kaliasot and Bhoj Wetland (Bada Talab and Chota Talab) could be finalized for all the times to come. 

During the hearing, the court was informed that Madhya Pradesh had issued a notification on March 16, 2022, which refers to the Wetland (Conservation and Management) Rules, 2017 issued by the Government of India. 

NGT said that the steps taken so far by the authorities for the restoration of waterbodies are inadequate. The court made it clear that considering the notification issued by the Union Ministry of Environment, Forest and Climate Change (MoEFCC) and the Madhya Pradesh government, "the area of the waterbody / reservoir, which is more than 2.25 hectare is within the wetland and wetland rule applies."

Mere terminology by using the words ‘dam’ and ‘reservoir’ will not change the nature of aqua-resource which is obviously available due to natural activities. If developmental activities like constructing a dam or reservoir have been undertaken for water resource use, it would not change the basic nature and concept of the natural water resources available to the state. 

"The mere fact that some lakes have their origin to the efforts of man called man-made lakes will not change the concept of the lake and water bodies in as much as even Ramsar sites in Madhya Pradesh include lakes which are man-made," the tribunal pointed out. 

The court will next hear the case on September 15, 2026.

Environmental norms violation in Belagavi village

NGT took up the matter of an ethanol plant violating environmental norms in Ugar Khurd village in Belagavi district, Karnataka on August 29, 2026

NGT's principal bench directed the matter to be listed before the southern bench on September 23, 2026. The applicant was directed to produce available material on the matter at the next hearing date. 

The application stated that the Ugar sugar factory established a 45 KLPD distillery unit on October 18, 2012 and subsequently commenced ethanol production. In 2021 the ethanol production capacity increased to approximately 845 KLPD. The ethanol plant is situated near the sugar factory and very close to the residential locality of Sai Nagar on Kudachi Road.

Several serious environmental and public health problems have arisen over time due to the plant's functioning. The application stated that the ethanol factory has caused severe air pollution, water pollution, soil pollution, and noise pollution in the surrounding area; consequently, local people are facing serious health problems and environmental disturbance.

The water near wells and borewells has become polluted and unfit for drinking. Agricultural lands and crops in the area are also being a adversely affected, leading to poor crop growth and reduced productivity.

Bagasse generated by the factory is transported in open vehicles, causing fine particles to spread in the air and enter people's eyes, resulting in eye irritation and related health problems. During sugarcane crushing operations, large amounts of ash and dust spread into the atmosphere. Untreated west water from the factory is being released into the Krishna river, causing water contamination and environmental damage. 

Although the matter has been brought to the notice of the factory authorities and concerned government officials several times, no effective action has been taken; instead, the residents have only received false assurances and evasive response, the application stated.