Daily Court Digest: Major environment orders (December 16, 2025)

Management of Bhakra and Pong dams

The National Green Tribunal (NGT), on December 15, 2025, directed the Bhakra Beas Management Board (BBMB) to file its reply to allegations of mismanagement of the Bhakra and Pong dams by the BBMB and the Government of Punjab. The tribunal also directed replies to be filed by the Ministry of Jal Shakti, the Department of Water Resources of Punjab, the Central Water Commission and the Government of Punjab, among others. The next hearing has been scheduled for March 10, 2026.

The applicant submitted that the BBMB continues to operate the reservoirs on the basis of rule curves framed in 1990, which are outdated and unsafe. It was argued that the rule curves do not factor in weather forecasts or climate change impacts. The applicant further contended that improper dam management has led to flooding downstream, causing damage to river ecology, soil erosion and environmental degradation.

In response to an earlier direction of the tribunal seeking disclosure of the source of information cited in the application, the applicant referred to an affidavit dated September 29, 2025. He submitted that the information was shared via WhatsApp by Arun Arora, a retired official of the Canal Telegraph Department, Hanumangarh, Rajasthan, and that the data is also publicly available.

Damage due to delay in deciding environmental issues

Environmental matters cannot be kept pending indefinitely or treated like adversarial civil disputes that take years to resolve, the NGT observed on December 16, 2025. The bench, headed by Justice Arun Kumar Tyagi, was hearing a case concerning the illegal operation of a brick kiln in Kannauj, Uttar Pradesh.

“The appeal before the appellate authority does not involve any complicated questions of fact or law requiring a long period for hearing and disposal. Unreasonable delay in decision-making on environmental issues may result in irreversible environmental damage, apart from expense and inconvenience to all concerned,” the tribunal said.

The NGT once again directed the appellate authority to accord due priority to the matter and dispose of the appeal expeditiously, preferably within two months.

The case relates to the illegal operation of a brick kiln despite a closure order issued by the Uttar Pradesh Pollution Control Board (UPPCB). The District Magistrate, Kannauj, in a submission dated September 11, 2025, stated that the brick kiln in tehsil Kannauj does not meet the siting criteria under the Uttar Pradesh Brick Kilns (Siting Criteria for Establishment) Rules, 2012.

The kiln owner had applied to the UPPCB for consent to operate, which was rejected on December 28, 2024. An appeal was subsequently filed. Although the NGT had directed the appellate authority on September 23, 2025 to decide the appeal expeditiously, it has not yet been disposed of, the tribunal noted.

Sewage discharge on open land

The NGT, on December 8, 2025, directed the constitution of a joint committee to examine a complaint regarding the discharge of sewage on open land from Green Enclave, Mohali, in SAS Nagar district of Punjab.

The committee has been directed to conduct a site visit and take preventive, prohibitive and remedial measures to address the discharge of untreated sewage. It has also been asked to submit an action plan detailing steps taken or proposed, budgetary allocations, timelines, implementing agencies, utilisation of treated sewage for horticultural, agricultural or industrial purposes, and the designation of a nodal officer for coordination and monitoring.

The tribunal further directed that the committee’s report should recommend appropriate disciplinary action against defaulting officers and punitive action against violators. The report is to be submitted within one month.

The applicant, Vijay Kumar Pathania, had filed a letter petition dated January 11, 2024 complaining of sewage discharge on open land. On November 8, 2024, the NGT directed the formation of a joint committee, which submitted its report on January 10, 2025.

The committee reported that untreated wastewater from Green Enclave was stagnating on a plot owned by EMAAR Group, located behind the TDI project and the applicant’s house.

The tribunal observed that despite replies and reports being filed, no effective remedial steps had been taken to address the environmental issue. Instead of initiating preventive, prohibitive, rehabilitative and punitive action, the Punjab Pollution Control Board was focused on submitting comprehensive reports without enforcing compliance with directions already issued.

In a rejoinder filed on November 13, 2025, the applicant reiterated concerns regarding the stagnation of sewage on open land. During the hearing, the applicant submitted that the area in question did not earlier fall within the jurisdiction of the Municipal Corporation, SAS Nagar, Mohali, but under the Gram Panchayat, Green Enclave, with development regulated by the Greater Mohali Area Development Authority (GMADA).

On November 19, 2025, the NGT directed the Gram Panchayat, Green Enclave, Zirakpur; GMADA; EMAAR Group; and the District Magistrate, SAS Nagar (Mohali) to file their replies. The tribunal was subsequently informed that the area now falls within the jurisdiction of the Municipal Corporation, Mohali (SAS Nagar).

The court also interacted with the Chief Administrator, GMADA; the Additional Deputy Commissioner (Rural Development), SAS Nagar; and the Commissioner of the Municipal Corporation, Mohali, all of whom assured the tribunal that suitable remedial measures would be evolved and implemented.