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The Supreme Court (SC), August 4, 2026 directed the Union Ministry of Environment, Forest and Climate Change (MoEFCC) to take into account the principles and guidelines issued by the Central Pollution Control Board (CPCB) among others for determination and imposition of environmental compensation as also the rules that operate in the field to formulate the necessary guidelines to be issued under Rule 17(2) of the Solid Waste Management Rules, 2026.
The MoEFCC was asked to file an affidavit and place on record the progress in making and issuing the regulations. The case has been next listed for September 29, 2026.
The apex court was informed about the constitution of the Central Implementation Committee for effective implementation of Solid Waste Management Rules, 2026.
During the proceedings the SC enquired from the Additional Solicitor General about the next important step: Formulating a method and manner for determining and collecting environmental compensation for transgression of the Solid Waste Management Rules.
The court made it clear that environmental compensation cannot be seen as a replacement for penalties levied against the erring polluter. It is restitutionary in nature and is paid in addition to the penalty or fine that the polluter is liable to pay. The temporal extent of paying compensation by the polluter ends only when the damage caused is reversed.
The appropriate authorities of the state have a duty to undertake an exercise of valuing the damage caused by the polluter and collect such compensation required for restoration of the environment. The court also said that while determining the amount of environmental compensation, both tangible and intangible damage caused by the polluter must be considered.
Factors such as the financial capacity of the polluter, the cost involved in assessing the damage and loss suffered by individuals and the environment as well as the cost of remediation or restoration are also to be taken into account while valuing such compensation.
The SC also suggested that the Central Implementation Committee could also examine rules that have been issued by the Pollution Control Board and other authorities. Mention was also made of the August 2024 Revised Guidelines for Assessment of Environmental Compensation to be levied for violation of the Plastic Waste Management Rules, 2016 issued by the CPCB. Guidelines were also issued by the CPCB for determination of environmental compensation to be recovered for violation of the Hazardous Rules 2016.
The NGT heard the matter of states using funds from pollution control boards (PCB) / pollution control committees (PCC) for other purposes on August 3, 2026.
An application was registered suo-motu on the news item titled Govt’s efforts to tap KSPCB funds set to hit legal hurdle which appeared in The Deccan Herald, November 23, 2025. The news report stated that the funds from the Karnataka State Pollution Control Board are distributed for other purposes by the state government.
According to the news report, the Karnataka government, through the Additional Chief Secretary of the Forest, Ecology and Environment Department, sought Rs 300 crore for railway barricading to mitigate man-elephant conflict and afforestation works. Out of the said sum, Rs 200 crore was supposed to be loan at 7.5 per cent interest and Rs 100 crores as grant. In addition, the government had sought Rs 126 crore interest free loan to implement Karnataka Strengthening of Coastal Resilience Economy (K-Shore) Project.
The NGT, on February 23, 2026, said the matter is an indication of a larger problem across the country wherein attempts were being made to divert funds for development works which have to be taken up by other statutory bodies. The NGT directed the SPCB / PCC of the states and Union Territories to file their responses on the matter.
When the matter was taken up on August 3, 2026, the court was informed that some PCBs / PCCs had filed their responses.
The counsel appearing for the PCBs of Tamil Nadu, Meghalaya, Uttar Pradesh, Kerala, and the PCCs of the Union Territory of Daman Diu and Ladakh sought more time to file an additional reply. CPCB also sought time to collate the information placed on record by the PCBs / PCCs. CPCB was directed to disclose the furnished information in a tabulated form.
Counsel for the Haryana State Pollution Control Board (HSPCB) sought permission to utilize the EC fund to set up Micro STPs in the catchment area of the Yamuna river. CPCB sought time to file its response on the matter. National Mission for Clean Ganga was also asked to submit its reply on the matter.
De-silting of 77 drains of the Irrigation and Flood Control Department (I&FC) Delhi has been carried out before the monsoon season 2026 and 3.105 million tonnes silt has been desilted from all the 77 drains. De-silting of all other drains falling under the jurisdiction of the Municipal Corporation of Delhi (MCD) and the Public Works Department (PWD) shall be carried out by them.
This was stated in the report filed by the I&FC and taken up by the NGT, August 3, 2026.
An application was registered suo-motu on the basis of the news item 2023 Delhi floods: How govt. did not see Delhi’s worst flood coming - even 24 hours before it appearing in The Hindu on April 27, 2024. The news item highlighted the failure of the Central Water Commission (CWC) and the Delhi Government to correctly predict the rising water levels of Yamuna during the 2023 Delhi floods.
The Joint Flood Management Committee (JFMC) had given recommendations to tackle the issue. Its report had stated that the analysis of catchment representative 5-day cumulative rainfall, shows that the catchment representative rainfall at Old Delhi Railway Bridge in 2023 is 23.8 per cent more in comparison to rainfall of year 1978.
From the stage hydrograph analysis at various hydrological observations sites on River Yamuna as well as from rainfall analysis in Yamuna catchment, it could be concluded that rainfall during July 9-13, 2023 period was one of the major causative factor for extreme flooding in Delhi and other locations along the reach of river Yamuna, the report said.
When the case was taken up on August 3, 2026 the NGT reviewed the progress report filed by the Irrigation and Flood Control Department, Delhi disclosing the progress and the response in respect of the recommendation of the JFMC.
The court was informed that for assessing long-term measures, the Central Water and Power Research Station (CWPRS), Pune, has been assigned the work of scientific assessment of River Yamuna by application of hybrid model. Further measures would be taken after receiving the CWPRS report.
CWPRS encountered technical limitations while preparing the 1:100-year floodplain map with 1-metre contour lines, as the data provided by the Survey of India as supplied to CWPRS was found to be inadequate for the required analysis.
To address the gap, as decided during the oversight committee meeting wherein the progress of the study is being monitored, on November 14, 2025, IFCD will procure the data from Airbus. In this regard, work has already been awarded to Micronet Spacetech LLP and data is shared with CWPRS Pune, the court was informed.
