Governance

Daily Court Digest: Major environment orders (February 6, 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

Clearing Dharma Talab in Rajasthan of encroachments

Of the total encroached area of 0.86 hectares, encroachments have been successfully cleared from 0.44 hectares in and around Dharma Talab in Raila, Bhilwara district, the Rajasthan government told the National Green Tribunal (NGT) on February 5, 2025

The remaining 0.42 hectares — comprising 0.32 hectares of commercial land and 0.10 hectares occupied by nine residential houses — remains subject to a stay order issued by the Jodhpur bench of the Rajasthan High Court, stated the action taken report by the Rajasthan government. The report was in compliance with an NGT order of January 13, 2025 by the Central Zonal Bench, Bhopal.

The court was informed that state authorities, along with the police and the Panchayati Raj Department, carried out multiple operations between October 2023 and January 2025 to remove illegal encroachments from Dharma Talab, Raila and adjacent areas.

Encroachment removal activities were conducted in multiple phases. On October 3, 2023, illegal encroachments at Dharma Talab, Raila were cleared by the state team with the assistance of the police and the Panchayati Raj Department.

On January 4, 2025, further encroachments, including 13 concrete structures — comprising multi-storey residential houses, a madrasa, a petrol pump, a school, and shops — were identified for removal. Additionally, illegal constructions, including a private school, a madrasa, and e-Mitra shops with attached lavatory facilities built for commercial purposes, were demolished at the site of the Abadi Patta of Nirmala Devi Jinagar.

Illegal constructions in Barak Bhuban Wildlife Sanctuary, Assam

In an affidavit submitted to the NGT on January 30, 2025, the Union Ministry of Environment, Forest and Climate Change stated that it had not received any proposal under either the Wild Life (Protection) Act, 1972 for consideration by the Standing Committee of the National Board for Wild Life or under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 seeking central government approval for the construction of a road to Bhuban Hill within the Barak Bhuban Wildlife Sanctuary.

Furthermore, the state government holds full authority to take action and initiate proceedings against individuals responsible for unauthorised construction or illegal encroachments.

The report also noted that the Assam government had issued a notification on July 25, 2022, published in the official gazette of Assam, declaring 320 square kilometres as Barak Bhuban Wildlife Sanctuary within the specified boundaries.

The application raised concerns over illegal constructions, including the unauthorised construction of a road to Bhuban Hill within the Barak Bhuban Wildlife Sanctuary in Cachar district, Assam, without obtaining prior approval from the central government, as mandated by the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980.

Lack of amenities in an unauthorised colony in Delhi

Unauthorised colonies across Delhi, roads, drains, and sewer lines are either constructed or maintained by the Municipal Corporation of Delhi, the corporation told the NGT in a report on February 6, 2025.

Additionally, sewer lines in these colonies are constructed and maintained by the Delhi Jal Board, while roads are built by the Irrigation and Flood Control Department or the Delhi State Industrial and Infrastructure Development Corporation.