Daily Court Digest: Major environment orders (April 10, 2026)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
Daily Court Digest: Major environment orders (April 10, 2026)
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Summary
  • NGT flags non-compliance by several states with CPCB directions on retrofitting emission control devices in diesel generators

  • Notices issued to pollution control bodies; replies sought ahead of July hearing

  • Tribunal seeks response on illegal units in Mathura allegedly operating without consent and polluting Yamuna

  • Authorities directed to act on waste dumping near schools in Delhi’s Safdarjung Enclave

Retrofitting emission controls in diesel generators

Several states and Union Territories have still not implemented the directions issued by the Central Pollution Control Board (CPCB) regarding the retrofitting of emission control devices/equipment (RECD) in diesel generators to control emissions, as noted in an application heard by the National Green Tribunal (NGT) on April 9, 2026.

The tribunal directed that notices be issued to the respondents, including all State Pollution Control Boards (SPCB), Pollution Control Committees of Union Territories, and the CPCB. The respondents have been directed to file their replies at least one week prior to the next date of hearing, July 21, 2026.

Counsel for the applicant submitted that the issue had previously been considered by the tribunal in its order dated August 6, 2019, wherein certain observations were made directing the CPCB to examine the matter. Subsequently, the CPCB issued a circular outlining the “System and Procedure for Emission Compliance Testing of Retro-fit Emission Control Devices (RECD)” for diesel power generating set engines up to a gross mechanical power of 800 kW.

The applicant’s counsel further submitted that compliance with these directions is required by all State authorities. NGT was informed that at least 15 States have issued directions for the retrofitting of RECDs in DG sets of varying capacities, with reference made to one such circular issued by the Andhra Pradesh Pollution Control Board (APPCB) on November 5, 2020.

It was also submitted that the Commission for Air Quality Management (CAQM) issued directions under Section 12 of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021, on September 29, 2023. However, these directions have not been complied with by states falling within the NCR region.

Numerous units operating in Mathura without required norms

On April 9, 2026, the NGT directed the district magistrate of Mathura to submit a reply regarding allegations of illegally operating units in the district. Additionally, the Municipal Corporation Mathura–Vrindavan, the Uttar Pradesh Pollution Control Board (UPPCB), and other concerned authorities were directed to respond. The matter has been listed for hearing on July 24, 2026.

The applicant alleged that several units lack consent to establish (CTE) and consent to operate (CTO), and are discharging untreated effluent onto open land and into the public sewerage system, thereby causing serious environmental hazards. It was further alleged that these establishments operate without pollution control mechanisms, such as oil and grease traps, and lack effluent treatment plants. Consequently, they contaminate soil and groundwater and contribute to pollution of the Yamuna River.

Counsel for the applicant referred to an RTI application dated November 6, 2025, seeking information on units operating without valid consent over the preceding three years. The applicant submitted that, in its reply dated February 17, 2026, the UPPCB acknowledged that notices had been issued to hotels, restaurants, and dhabas operating without the requisite consents and permissions.

The applicant further submitted that a communication dated January 21, 2026 from the Nodal Officer, District Ground Water Management Council, Janpath, Mathura, revealed that no-objection certificates (NOC) had been granted to only 306 establishments, indicating that other establishments were operating without the necessary groundwater permissions. A complaint, along with a list of such allegedly illegal units, was submitted to the UPPCB on January 28, 2026; however, no action has reportedly been taken.

Further, counsel submitted that although the CPCB has framed guidelines for controlling pollution and enforcing environmental norms at individual establishments within clusters of restaurants, hotels, motels, and banqueting facilities, these norms have not been adhered to.

Waste dumping near schools in Safdarjung Enclave, Delhi

On April 9, 2026, the NGT directed the Municipal Corporation of Delhi (MCD) to undertake appropriate remedial measures and the Delhi Pollution Control Committee (DPCC) to conduct a site inspection and ascertain the status of garbage dumped near two schools in Safdarjung Enclave, Delhi, as stated in the application. The Tribunal also directed that notices be issued to the respondents: MCD, DPCC, and the Government of National Capital Territory of Delhi. 

The applicant alleged illegal dumping of municipal solid waste near two schools in Safdarjung Enclave. It was further alleged that the waste is overflowing, causing severe pollution, emitting foul odours, and posing significant health hazards to the thousands of children attending the schools.

The applicant referred to photographic evidence and submitted that the dumping site is located adjacent to the school boundary wall, thereby creating a serious concern for the students.

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