Daily Court Digest: Major environment orders (April 28, 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 28, 2026)
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Summary
  • SC upholds deer translocation from Delhi's AN Jha Deer Park.

  • NGT orders notice, joint committee report on Perubhadi fly ash dumping.

  • NGT forms committee to probe Jharkhand coal dust pollution.

SC upholds translocation of deer from Delhi’s Deer Park

The Supreme Court April 27, 2026 directed authorities to take necessary steps for the relocation of the deer from AN Jha Deer Park in a time-bound manner, under the supervision of the Central Empowered Committee (CEC) and in strict adherence to the draft guidelines on animal translocation as framed by CEC.

"We cannot be unmindful of the fact that deer, being a wildlife species, ought not to be confined to cages or restrictive enclosures save in exceptional and compelling circumstances duly justified in law and on ecological considerations," the order said.

The bench of justices Vikram Nath and Sandeep Mehta upheld the Delhi High Court's decision regarding the deer's translocation to places outside Delhi, while retaining a few of them at AN Jha Deer Park.

The apex court accepted all the recommendations contained in the report of the CEC and directed the retention of up to 38 deer at the deer park as recommended by the CEC. DDA was asked to ensure that it develops and upgrades the necessary logistical capacity, infrastructure and adequately trained human resources for the upkeep and management of the said deer population. 

The CEC report noted that the Central Zoo Authority, exercising its powers, cancelled the AN Jha Deer Park's recognition as a "mini zoo" due to persistent non-compliance with zoo management norms, failure to regulate the deer population, and the expiry of its licence in August, 2021.

Considering that the area of the AN Jha Deer Park is a declared protected forest, SC directed that it must always be maintained as such.

The Union Ministry of Environment, Forest and Climate Change (MoEFCC) should examine the draft comprehensive guidelines prepared by CEC for future wildlife translocations. These guidelines incorporate scientific methodology, identification and tagging protocols, procedural safeguards, transportation and veterinary requirements, ecological feasibility assessment and a post-release monitoring framework, all conforming to the applicable statutory regime and IUCN guidelines. 

The MoEFCC would implement the guidelines, with any modifications deemed appropriate, within six months. The guidelines deserve to be, and should be, imparted statutory status. A compliance report regarding this direction must be submitted to the court, said the order.

The matter has been next listed for hearing on January 19, 2027. 

Fly ash dumping in Perubhadi stone quarry

The application on fly ash dumping in the Perubhadi stone quarry situated in Perubhadi reserve forest, Sundargarh district, Odisha came up for hearing before the National Green Tribunal (NGT) on April 23, 2026.

The court directed that notice be issued to the respondents: The Odisha State Pollution Control Board; National Thermal Power Corporation (NTPC); Vedanta Limited among others. The tribunal also called for a report on the matter from a three-member joint committee comprising one representative each from the Central Pollution Control Board (CPCB), the Collector of Sundargarh and the Odisha State Pollution Control Board. The committee has been directed to visit the site and submit a factual and action taken report. 

Fly ash is hazardous industrial waste generated from thermal power plants and its disposal is strictly regulated under the Environment (Protection) Act, 1986 and various notifications issued by MoEFCC. The laws clearly provide that fly ash must be handled and disposed of only in a scientific and environmentally safe manner and open or indiscriminate dumping is strictly prohibited. 

CPCB has also issued guidelines in March 2019 mandating prior approval, safeguards and continuous monitoring for any disposal activity. 

Inspite of these mandatory safeguards, the Perubhadi stone quarry  has been identified as a site for disposal of fly ash. The quarry is not an ordinary abandoned pit. Over the years, it has naturally filled with water and has become a perennial water reservoir. It is regularly used by nearby villagers for drinking, irrigation, bathing, cattle use and other daily needs. 

The quarry is located inside a reserve forest and also acts as a groundwater recharge source for the surrounding villages. It was stated that dumping fly ash and slurry into the water-filled quarry would in likelihood, contaminate the water, soil and air, and may result in serious health hazards, damage to crops, loss of drinking water and long-term environmental degradation. 

Any leakage or seepage may further pollute the Didga-Teljora nala and ultimately River Ib, which is the main river of the area. Despite objections from the applicant and villagers, no preventive steps have been taken and the dumping of fly ash continues, the application said. 

Dust pollution from coal transportation in Jharkhand

The eastern bench of NGT directed the constitution of a two-member joint committee April 23, 2026 to look into the matter of dust pollution from coal transportation between Amrapada and Pakur Lotamara from the Pachhwara coal block mining sites in Jharkhand. This pollution damaged the environment and posed a health hazard to local residents, according to the application filed before the tribunal.

NGT called for a factual report from a two-member joint committee comprising one representative each from the district magistrate, Pakur and the Jharkhand State Pollution Control Board. The committee would visit the site, collect relevant information and submit a factual report.

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