Daily Court Digest: Major environment orders (February 23, 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 (February 23, 2026)
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Garwa Ghat reconstruction in Varanasi

The proposed reconstruction of the Garwa Ghat is not affecting the flow of the Ganga, the report filed by Varanasi’s district magistrate on February 23, 2026, stated.

An expert committee, constituted on the orders of the National Green Tribunal (NGT) “provided its recommendation for the construction of the Garhwa Ghat.”

Subsequent to the consent of the expert committee, the reconstruction of the Garwa Ghat situated on the left bank of the Ganga in Varanasi district is presently underway over an area measuring 80 metres in length and 78.3 metres in width, covering 6,264 square metres.

The Uttar Pradesh tourism department has sanctioned an amount of Rs 1,154.16 lakh for the reconstruction.

The project manager of Uttar Pradesh Projects Corporation, Varanasi, applied for permission for the project on the National Mission for Clean Ganga (NMCG) portal on November 28, 2025. During the meeting, the executive engineer of the irrigation department for Bandhi division in Varanasi informed that the proposed reconstruction project at the previously existing Garwa Ghat is not affecting the flow of the Ganga, nor is it having any adverse impact on the river’s ecology.

The divisional forest officer of Varanasi forest division informed that no forest land is located within the scope of the project’s upgradation/expansion, and no trees are located within the proposed development area.

The regional officer of the Uttar Pradesh Pollution Control Board informed that the project’s coverage under the Schedule of the EIA Notification, 2006 will be determined based on the proposed construction area. According to the provisions of the EIA, 2006 prior environmental clearance from the State EIA Authority is mandatory if the built-up area exceeds 20,000 square metres. The built-up area of the reconstruction is 6,264 square metres.

In compliance with the order passed by the tribunal, the district magistrate of Varanasi issued a letter on January 28, 2026, to the tourism department, directing them not to carry out any further construction work at Garhwa Ghat until online permission is obtained from the NMCG.

De-siltation of rivers in Bihar

Bihar’s water resources department is committed to implementing effective measures for de-siltation of rivers and improvement of river systems in the state. The department is taking all necessary steps within its available resources and is coordinating with various other departments and the central government for comprehensive river management and environmental protection.

This was stated in the counter affidavit filed by the department on February 19, 2026.

The report stated that in compliance with the directions issued by the NGT on February 19, 2025, the department has taken necessary action for carrying out de-siltation of small rivers. As of now, there is no specific policy for de-siltation of rivers in Bihar.

The Government of Bihar has repeatedly requested the central government to frame a comprehensive National Silt Management Policy for effective management and utilisation of river silt across the country. 

Despite the absence of a specific policy, upon recommendations received from various authorities and stakeholders, the department has taken up various schemes for de-siltation of rivers in Bihar. It has initiated multiple projects aimed at systematically removing silt from rivers to improve their carrying capacity and reduce flood risk. 

In order to resolve the problem of silt accumulation in rivers and to explore alternative uses for the extracted silt, the department has identified potential sites for silt removal and utilisation. A comprehensive list of 134 sites for silt removal has been prepared and submitted to the mines and geology department for appropriate action. 

The water resources department has further prepared a detailed project proposal for the de-siltation of the Jharhi and Daha rivers. The project has been framed in accordance with technical specifications and environmental considerations and has been submitted to the Government of India for technical appraisal and financial sanction. 

Regarding encroachment in the Chhadi river, the authority has taken immediate steps to address the issue. Gopalganj’s district magistrate has been specifically requested to remove all encroachments from the river and its surrounding areas to ensure an unobstructed flow of water and to prevent further deterioration of the river system. 

Protection and conservation of saptasagar lakes in Ujjain

Authorities are taking steps to protect and conserve the saptasagar lakes (seven lakes) in Ujjain, according to the action taken report of February 23, 2026, submitted on behalf of the state of Madhya Pradesh in compliance with the NGT order on February 4, 2025.

The waterbody/pond known as Govardhan Sagar near Nagar Kot Mata temple in the city of Ujjain is being encroached upon, an application alleged. The applicant further claimed that the untreated water is also being discharged into the water body, polluting the quality of underground water and that the pond area has also been used for commercial and construction activities.

The report carried the statement of the Tehsildar of Ujjain city which stated that even prior to the institution of the court’s proceedings, the administration had undertaken measures for the conservation and protection of the saptasagars and other water bodies in accordance with the applicable statutory provisions. 

For identification and removal of encroachments, the office of the sub-divisional officer of Ujjain city constituted a joint team. The saptasagars were demarcated in the joint presence of officials of the municipal corporation.

Upon demarcation, Rudrasagar, situated near the Mahakal temple, was reported to have no habitation or encroachment along its periphery. Kshirsagar, located in the city centre in the form of a kund, is secured on all four sides with ancient stone masonry and remains structurally protected. Purushottam Sagar is surrounded by roads and open land on all sides, and no encroachment was detected during demarcation. Pushkar Sagar, situated in Naliya Wakhal, Ujjain, exists in the form of a kund/Baori, secured with stone masonry on all sides; though located within a populated area, its water structure remains intact and protected.

Govardhan Sagar’s demarcation was conducted earlier for its conservation and protection. A fresh demarcation was carried out by a team constituted under the direction of the Tehsildar of Ujjain city and the superintendent of land records of Ujjain district, employing modern survey techniques.

After the exercise of demarcation was done, the authorities undertook removal action against encroachments. This resulted in demolition/removal of 24 kiosks, seven residential structures and two boundary walls. Further action for removal of illegal constructions in proximity to the water body is being carried out by the Ujjain Municipal Corporation.

The sub-divisional officer (Revenue) of Ujjain undertook the identification of encroachments over Govardhan Sagar. The Patwari/revenue inspector identified permanent and temporary constructions measuring approximately 1.150 hectares out of the total recorded area of 7.716 hectares. Officials prepared a detailed list of such constructions during demarcation. Temporary encroachments situated near the lake area have been removed, and the vacant land has been secured by wire fencing.

The sub-engineer and assistant engineer of the municipal corporation conducted an inspection on October 9, 2025. It confirmed that sewerage and drainage water from Ganesh Tekri is no longer entering Govardhan Sagar. Under the Chief Minister Infrastructure Scheme, a new drain has been constructed diverting such flow. Additionally, drainage from the V D cloth market is being conveyed to the Surasa Treatment Plant through a sewer pipeline.

On February 9, 2026, officials of the Madhya Pradesh Pollution Control Board and the Ujjain Municipal Corporation conducted a joint inspection. They observed that wastewater from approximately 20-30 houses in Shriram colony was entering the lake through household drains. The public health engineering department undertook immediate remedial action, and at present, no wastewater is entering Govardhan Sagar.

Officials also inspected the remaining saptasagar lakes. Inspections by designated building and engineering officials confirmed that no sewerage, drainage water, or solid waste is entering Rudrasagar, Kshirsagar, Pushkarsagar, Purushottam Sagar, and Vishnu Sagar lakes. All wastewater is being diverted through pipelines to the Surasa Treatment Plant. No encroachments were found. The water resources department maintains Ratnakar Sagar lake, as it is outside the municipal corporation limits. The department has been issued correspondence to ensure protection from encroachment and prevention of discharge of sewage or solid waste.

Letters dated February 14, 2025, were issued to the concerned building officers with respect to soil filling along lake peripheries, and removal action is underway.

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