Daily Court Digest: Major environment orders (August 11, 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 (August 11, 2026)
Photo: iStock
Published on
Listen to this article

Muzaffarnagar local body earns NGT’s ire for waste mismanagement

National Green Tribunal (NGT) Chairperson Justice Prakash Shrivastava pointed out that the tribunal has been monitoring the illegal dumping of solid waste within the Muzaffarnagar Nagar Palika Parishad in Uttar Pradesh since 2024 and has passed repeated directions.

On August 6, 2026, the NGT directed the Uttar Pradesh Pollution Control Board take appropriate action to levy environmental compensation (EC) for failing to clear legacy waste and allowing it to accumulate at the site. The order stated that the EC should be levied by duly following the principles of natural justice upon the persons responsible for the waste accumulation at the site.

In its order on July 3, 2024, the NGT observed that the Nagar Palika Parishad, Muzaffarnagar stated that 2,24,655 MT of legacy waste had been scientifically disposed of at the Kidwai Nagar site and that only “some quantity of legacy waste still remains at the dump site.”

“On enquiry, counsel appearing for the Municipal Council, Muzaffarnagar has informed that about 5 lakh MT of legacy waste is still lying at Kidwai Nagar site. If that is so, we failed to understand as to why such a misleading statement was made in the reply by mentioning that only “some quantity” of legacy waste still remains. No concrete steps taken by Municipal Council, Muzaffarnagar for clearing the remaining legacy waste site and for treatment/processing of daily generated legacy waste have been pointed out,” said the court.  

Coming to the present, the legacy waste has not been cleared despite repeated directions. According to the latest report, the legacy waste at the Kidwai Nagar waste disposal plant during the period October 29, 2024, to November 3, 2024, was assessed to be approximately 2,08,574.976 MT and the timeline for clearing this has been given as April 30, 2028.

The reply affidavit of the Muzaffarnagar Nagar Palika Parishad dated August 3, 2026, does not disclose the legacy waste accumulated at the site after November 3, 2024. The affidavit reveals that no serious efforts have been made to clear the legacy waste, observed the court.

NGT calls out West Bengal on bridging gaps in solid and liquid waste management

The NGT expressed serious concern about West Bengal not being prompt in achieving and fixing the timelines for bridging the gaps in solid and liquid waste management. There is no disclosure on the operation of a review mechanism at the state, district and urban local body (ULB) levels to monitor implementation progress.

The order of July 22, 2026, was uploaded onto the NGT site, August 5, 2026.

In orders dated February 22, 2024; February 16, 2025, and September 2, 2025, the NGT pointed out huge gaps in solid waste processing, continuous piling of legacy waste and large quantities of sewage flowing into water bodies.

The NGT took up the matter on July 22, 2026. It examined the six-monthly compliance report, July 20, 2026, disclosing status of solid and liquid waste management up to March 2026 filed by the Chief Secretary, West Bengal.

After examining the report, the NGT pointed out deficiencies and gaps. For instance, out of 128 ULBs, 88 are transporting mixed waste to dumpsites which is not permissible according to Schedule II of the Solid Waste Management Rules (SWMR), 2026.

There is a gap of 4,120.55 tonnes per day (TPD) in processing of biodegradable waste, and this waste is putrefying at the dumpsites. Of 5,641.90 TPD of biodegradable waste, total intake of waste for composting is 1,521.36 TPD by 31 ULBs.

In Kolkata itself, out of 2,017.4 TPD of generated biodegradable waste, only 602.0 TPD is taken for composting. The court pointed out that there is absence of quality reports of compost produced, specifically when composting of un-segregated waste is being done at Intermediate processing sites.

From the overall gap analysis on waste processing, out of 128 ULBs, 114 are yet to set up waste processing plants. Thirty-five are still at the stage of detailed project report formulation and tendering, thereby leading to uncertainties in adhering to the timelines, the court said.

“As on March 2026, 14877937.52 MT of legacy waste is yet to be remediated and till such time, 8,069.4 TPD of unprocessed waste will be continuously added daily to existing legacy waste,” the NGT said.

The court called the report on sewage management/liquid waste management as “sketchy”.

The sewage management status disclosed for ULBs under Kolkata Metropolitan Development Authority showed that installed sewage treatment plants (STPs) are underutilised and it does not disclose the status of household connectivity to the laid sewer lines. Further, treated and untreated sewage is being discharged into the Ganga and Churni rivers.

The tribunal, while hearing issues related to the prevention and control of pollution of the Ganga for West Bengal in another case (OA 200 of 2014), observed that many drains carry sewage in the districts and towns abutting the river.

The NGT passed a series of directions for solid and liquid waste management in West Bengal. The court made it clear that steps involved in solid waste management with respect to segregation, collection, transportation, processing and disposal should be in accordance with SWMR 2026. Segregation of waste should be intensified by all 128 ULBs, and next report should disclose the extent of coverage in quantified form.

In the next compliance report, the steps taken to bridge the gaps existing in waste transportation in 14 ULBs (Asansol, Dhupgiri, Haringhata, Baduria, Halisahar, Kachrapara, Madhyagram, Ghatal, Jhargram, Purulia, Dalkhola, Howrah, Mynaguri and Falkata) should be disclosed, the court directed.

Legacy waste, currently estimated at 14,877,937.52 MT, should be remediated according to the disclosed timelines. Simultaneously, daily legacy waste created due to gaps in waste processing should be addressed. Furthermore, 100 per cent remediation disclosed in 14 ULBs should be re-checked because of existing gaps in waste processing creating legacy waste.

Regarding liquid waste management, a time-bound action plan with budgetary support for plugging the gaps in sewage treatment in each ULB should be disclosed. Attempts should be made to ensure that drains, khals or canals are intercepted and diverted to STPs, said the court.

The matter concerning West Bengal has been next listed for February 3, 2027.

Encroachment of green space in Delhi

The NGT on August 6, 2026, directed the Delhi Development Authority (DDA) to submit its response on the matter of encroachment of an area earmarked as green in Hastsal village in Delhi’s Uttam Nagar.

The plea of the applicant was that an area (khasra number 52/10, 52/11, 53/6 and 53/15) at Hastsal village is earmarked as a green space in the Master Plan. In support of this claim, the applicant’s counsel referred to the Master Plan. The court was informed that the land was acquired and was handed over to DDA by LAC/LMD Department, The Government of the National Capital Territory of Delhi and it was transferred to the Horticulture Department of DDA on May 15, 1970.

The applicant has complained that some people are occupying a part of this land and gradually extending their possession and have unauthorisedly erected permanent structures.

Down To Earth
www.downtoearth.org.in