Subscribe
The National Highways Authority of India (NHAI) should have disclosed to the Union Ministry of Environment, Forest and Climate Change (MoEFCC) that it would be constructing eight pillars in the waterbody in Goyla Khurd village of Delhi, the National Green Tribunal (NGT) said April 6, 2026.
"There is no dispute to the proposition that a balance is required to be struck between the environmental protection and development, but even for attracting the said principle an agency involved in the developmental project is required to follow the law and take necessary applicable environmental clearances by disclosing full facts to the Environment Impact Assessment Authority," said NGT chairperson, Justice Prakash Shrivastava.
Even though the encroachment / reduction in the area is small (20.36 sqm), but the law should have been followed and the requisite permission from the Environment Impact Assessment Authority in terms of the EIA Notification, 2006 ought to have been taken, the court said.
NGT directed MoEFCC to consider the aspect of violation of the environmental clearance condition and take appropriate decision in accordance with law after following the principles of natural justice within six months.
NHAI was directed to make full disclosure in future about the natural water resources, ponds, lakes, streams likely to be affected in the construction activity while applying for environmental clearances.
It was also alleged that muck was thrown into the waterbody, causing further damage. The court also directed a joint inspection by a team of representatives of Delhi Pollution Control Committee (DPCC) and NHAI. The team would ascertain the damage caused to the waterbody in the course of construction and would ensure remedial action by the NHAI within six months.
The same team would also ascertain the other protective and rejuvenation steps that could be taken with regard to the waterbody in question and it would be the responsibility of the NHAI to ensure those remedial measures are taken within six months.
The DPCC should also ascertain the environmental damage compensation by giving an opportunity of hearing to the NHAI and will take steps to recover the amount within six months.
The application was registered suo motu based on the news item titled NHAI has made highway at protected pond site in Delhi: Activists appearing in The Times of India dated September 30, 2024. It noted that the Urban Extension Road-II was built illegally over a protected pond that has shrunk in area since the beginning of the construction.
In 2010, the Delhi Development Authority (DDA) acquired the land classified as johar (pond) in the possession report. DDA handed the land over to NHAI in 2012 for the construction of Urban Extension Road-II.
NGT directed Uttarakhand April 7, 2026 to file a report on the carrying capacity of pilgrimage centres in Uttarakhand at least one week before the next date of hearing on July 21, 2026.
The court noted that the response affidavit of the state also mentioned that the report prepared by the Wildlife Institute of India, Dehradun, regarding the carrying capacity in Char Dham Yatra, is being circulated to all the concerned departments and responses from various stakeholders and departments are solicited. Therefore, in that process, the state should also consider giving an opportunity of hearing to the applicant, Urvashi Shobhna Kachari.
An execution application was filed seeking execution of the order dated February 8, 2023. The matter related to large-scale unregulated violation of environmental norms along the pilgrim tracks of Kedarnath, Hemkund Sahib, Yamunotri and Gomukh pilgrimage centres in Uttarakhand.
The tribunal directed Uttarakhand to develop an action plan that would include limiting the number and type of vehicles, number of tourists and mules, consistent with the carrying capacity of the eco-sensitive area. It may review and plan infrastructure for waste management, disposal of dead mules and other measures for protection of flora and fauna.
On January 5, 2024, NGT was informed by the applicant's counsel that until a study on carrying capacity is conducted, the carrying capacity of pilgrims at Kedarnath (13,000), Gangotri (8,000) and Yamunotri (5,000) which was stated in the order dated April 13, 2023 should be treated to be the maximum limit of pilgrims on the basis of assumed carrying capacity.
Regarding equines, the counsel disclosed that the state fixed the limit at 2,250 for Kedarnath, 2,375 for Hemkund, 2,250 for Gangotri and 875 for Yamunotri. Therefore, this should be treated as the maximum limit based on the assumed carrying capacity. The counsel for the state of Uttarakhand assured the tribunal that they would complete the carrying capacity study within two months.
When the court took up the case in April 7, 2026, senior counsel appearing for Uttarakhand submitted that draft report would be filed within one week. In the response affidavit dated April 2, 2026, Uttarakhand stated that a meeting was conducted under the chairmanship of the Chief Secretary, Uttarakhand on March 24, 2026 and some decisions were taken.
One of the decisions was that the report prepared by the Wildlife Institute of India, Dehradun, regarding the carrying capacity in Char Dham Yatra should be sent to all concerned departments at the earliest to obtain their inputs.
The concerned district magistrates should publish a brief note based on the WII report in the main newspapers. They should inform the general public and all local stakeholders, including the Temple Committee, BKTC, Hotel Association, Horse-Mule Association, Taxi Association, and other non-governmental stakeholders, collect their opinions and submit those opinions to the Uttarakhand Pollution Control Board.
NGT April 7, 2026 took up the matter of the dumping of domestic dry and wet garbage, commercial waste and other debris on the bank of River Yamuna near Pusta Road and its ghats near Wazirabad and Jagatpur village.
A status report filed by the Municipal Corporation of Delhi (MCD) stated that the waste lying at the identified sites along the river stretch, comprising Ram Ghat, Shyam Ghat, Kali Ghat and Hanuman chowk has been cleared.
A site for fixed compactor transfer station (FCTS) has been identified and the Irrigation and Flood Control Department (I&FCD) has granted a no objection certificate (NOC) subject to specific terms and conditions.
Counsel appearing for MCD submits that certain permissions / NOCs are required to be taken before proceeding with the construction of fixed compactor transfer stations (FCT).
The counsel was directed to place on record the affidavit of the competent authority of MCD disclosing the progress of construction of FCTs and time bound plan to complete the construction and operationalization of the FCTs.
Counsel for the applicant has disputed the averment that garbage from the site concerned has been cleared. The counsel sought time to place on record the rejoinder along with the relevant material. The case has been next scheduled for hearing on July 23, 2026.