Environment

Daily Court Digest: Major environment orders (September 23, 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

  • SC directs Himachal Pradesh to file affidavit on climate, forest, mining, construction impacts.

  • CPCB report finds 443 grossly polluting industries in UP that are non-compliant, urges strict rules enforcement.

  • NGT on Pavoor Uliya Kudru: Illegal sand mining erodes island, threatens ecology and livelihoods.

Respond to questions on climate change, forest cover, mining, constructions: SC to Himachal Pradesh

The Supreme Court (SC) directed Himachal Pradesh September 23, 2025 to furnish response to the questionnaire on issues relating to ecology and environmental conditions prevailing in the state. The response has to be supported by an affidavit of the principal secretary, department of forest, Himachal Pradesh and submitted before the next date of hearing, October 28, 2025.

The bench of justices Vikram Nath and Sandeep Mehta said that answers to the questionnaire is essential for carrying the matter forward. The responses would help the SC in arriving at a considered decision for the purpose of framing guidelines / measures to protect the citizens at large and the fragile ecological system in Himachal Pradesh.

The writ petition was registered suo motu. Monsoon season in 2025 has seen heavy / unprecedented rain causing havoc in the fragile ecosystem of Himachal Pradesh. The deluge which has struck in various areas has caused widespread damage to life and property. A number of homes / permanent structures / temporary buildings have been washed away or swept under the destructive landslides which have struck the state during this period.

The State of Himachal Pradesh and for that matter, all the states in the Himalayan region are facing a serious existential crisis. For this reason, a bench of the SC headed by Justice J B Pardiwala and Justice R Mahadevan directed the Registry of the court to register a writ petition in public interest vide order, July 28, 2025 observing that a severe ecological and environmental imbalance and other environmental conditions exacerbated by human/developmental activities have led to serious natural calamities over a period of time.

In response, the state of Himachal Pradesh filed an interim report. Taking into consideration the wide-ranging issues, the SC on August 25, 2025 appointed K Parameshwar, senior advocate, to assist the court as amicus curiae.

The amicus curiae carried out a detailed study and analysis of the report filed by Himachal Pradesh and highlighted issues which require pertinent responses/answers from the state.

One issue highlighted was zoning — the criteria on the basis whereof zoning (if any) is done in Himachal Pradesh. Whether zoning (if any) is done on the basis of seismic activity / landslides / green cover / eco sensitivity?

Another issue that was pinpointed was whether the state has any ecological sites which prohibit industrialisation / bringing up of mega projects. Amicus curiae in the questionnaire put up the issue of total designated forest area and how much of the forest area has been diverted for non-forest use in the last two decades. 

The questionnaire also wanted to know whether Himachal Pradesh has conducted any study of the present as well as future projections of the effect of climate change on the ecosystem.

CPCB report on polluting industries, STPs, CETPs in UP

The Central Pollution Control Board (CPCB) filed a report before the National Green Tribunal (NGT) September 17, 2025 on steps to be taken to curb Ganga pollution.

The report said that in compliance to the Allahabad High Court order, July 27, 2022 the Central Pollution Control Board (CPCB) constituted about 50 team consisting of CPCB officials to undertake surprise and random inspection of 1,370 grossly polluting industries (GPI), 36 sewage treatment plants (STP) and eight common effluent treatment plants (CETP ) / common chrome recovery unit (CCRU) located in Uttar Pradesh.

The inspections by the CPCB teams commenced on August 26, 2022 and on the date of filing the reply a total of 1,414 inspections have been completed, which includes 1,370 GPIs located in 62 districts of Uttar Pradesh, 36 STPs in 10 districts and eight CETPs / CCRUs in five districts.

Out of the 1,370 GPIs inspected, CPCB has filed operational and compliance status of 1347 GPIs. Further, operational and compliance status of 36 STPs and eight CETPs has also been filed before the High Court of Allahabad and NGT. CPCB has also conducted the inspection of the remaining 23 GPIs.

Thus, a total of 1,370 inspection reports of grossly polluting industries which include 858 operational units and 512 non-operational units have been prepared. Out of the 858 operational GPIs, 415 GPIs have been found complying and 443 are non-compliant. 

Out of the 512 non-operational units, ETPs of eight units were found operational. Of them, four units have been found complying, whereas the remaining four were non-compliant.

The inspection reports have been forwarded to the Uttar Pradesh Pollution Control Board for necessary action.  

Pavoor Uliya Kudru facing danger from ‎illegal sand mining

Sand extraction has destabilised the Netravathi riverbed and eroded island margins of Pavoor Uliya Kudru, stated the report filed by the National Centre for Sustainable Coastal Management, Chennai before the NGT, September 17, 2025.

Pavoor Uliya Kudru is a small riverine island situated in the Netravathi river between Pavoor and Adyar near Mangalore. The island has experienced significant shrinkage in recent decades, posing severe ecological and socio-economic concerns, the report said.

The island is home to 35-52 households reliant on fishing, agriculture and seasonal fruit cultivation. The island has lost much of its land area due to a combination of sand mining and reduced sediment supply from the upstream catchment.

In particular, sand extraction has destabilized the riverbed and eroded island margins, the report dated September 17, 2025 said. Recent construction on and around the Netravathi River could also have further aggravated the crisis.

Riverbank development disrupts natural sediment deposition and alters channel hydraulics, with hard structures intensifying water velocity, scouring banks, and preventing the natural lateral migration necessary for island stability. The removal of river bank vegetation could also weaken soil cohesion, reducing resilience against erosion.

Collectively, these anthropogenic pressures diminish sediment replenishment, accelerate land loss, degrade habitats, and increase vulnerability to floods and hydrological extremes, threatening both ecological integrity and community livelihoods.

Researchers and local observers note that "the indiscriminate use of heavy machinery earth movers and motorised boats has led to deep trenches of 15-25 feet in riverbeds, that has the potential to disrupt hydrological equilibrium, erode riverbanks, destabilise the island’s base and altering the river’s natural flow dynamics".

In October 2024, the Mangalore sub-division Assistant Commissioner issued a local administrative order banning all forms of sand extraction within a 2 km radius of Pavoor Uliya Island. This order banned movement of sand-transporting boats and machinery, as well as storage and distribution of sand on riverbanks, except boats used strictly for island access.

“Considering the evident shrinkage, from a halved landmass, degraded ecosystems, loss of livelihoods, and a declining community presence (with families reduced from over 50 to about 35), immediate scientific and ecological remediation is imperative,” the report recommended.

The report also recommended protecting coastal vegetation and designating the area as a coastal vulnerable zone, banning riverfront development, addressing illegal sand mining, strict adherence to coastal regulation zone norms and community engagement.