Daily Court Digest: Major environment orders (February 24, 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 24, 2026)
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Summary
  • Supreme Court orders strict nationwide enforcement of Solid Waste Management Rules, 2026, with time-bound compliance and public accountability measures

  • Kerala High Court halts new construction in Kottooli wetlands pending Ramsar site decision

  • National Green Tribunal stops health centre construction on forest land in Odisha without pollution board consent

Compliance with Solid Waste Management Rules

The Supreme Court issued sweeping directions on February 19, 2026, to ensure strict implementation of the Solid Waste Management Rules, 2026 (SWM Rules, 2026), stressing that the executive must put in place “the requisite mechanism” to enforce them.

The court designated councillors, mayors, chairpersons, corporators and ward members as lead facilitators for source-segregation education. It directed the Union Ministry of Environment, Forest and Climate Change (MoEFCC) to issue implementation directions to the chief secretaries of all states and Union Territories.

District collectors have been tasked with conducting infrastructure audits of solid waste management systems and reporting identified gaps and remedial steps to Chief Secretaries within a time-bound framework. Every local authority must set and communicate an outer deadline for achieving 100 per cent compliance.

Collectors have also been empowered to oversee the establishment, execution and handling of municipal solid waste by corporations, municipalities and gram panchayats within their jurisdiction. Any non-compliance by local bodies must be reported to the relevant state department and to central authorities.

Local authorities must email photographic evidence along with compliance reports to the District Collector’s office to verify progress in waste removal and infrastructure readiness. State pollution control boards have been directed to identify and fast-track infrastructure required for four-stream segregation — wet, dry, sanitary and special-care waste — including for bulk generators.

Local bodies must immediately communicate the SWM Rules, 2026 and a copy of the Supreme Court’s order to all identified bulk waste generators (BWGs). All BWGs are required to achieve full statutory compliance by March 31, 2026.

The MoEFCC has been directed to classify major corporations across the country on a performance bar, comparing achievements under the SWM Rules, 2016 with the stricter mandates of the 2026 Rules. The results are to be published on a centralised online portal to ensure transparency and public accountability.

The court further ordered authorities to file a joint sworn affidavit by March 25, 2026 — the date of the next hearing — certifying that foundational digital and physical infrastructure is in place. This includes registration of local bodies on the Central Pollution Control Board’s (CPCB) centralised portal, operational material recovery facilities, procurement of four-stream compartmentalised vehicles, and establishment of escrow accounts for environmental compensation.

During proceedings, the bench of Justice Pankaj Mithal and Justice S V N Bhatti referred to the CPCB’s Annual Report 2021-22, which recorded that around 170,000 tonnes per day of municipal solid waste is generated nationwide. Of this, approximately 156,000 tonnes is collected, about 91,000 tonnes treated, and 41,000 tonnes landfilled.

“The demographic reality does not affirm the position claimed by the local bodies,” the bench observed, noting that while collection efficiency has improved in cities such as Bhopal and Indore, processing remains “a big bottleneck”.

Unprocessed waste, the court noted, frequently ends up in unscientific landfills or legacy dumpsites. The problem of uncollected and unaccounted waste remains a persistent national challenge.

No new constructions in Kottooli wetlands pending Ramsar designation

The Kerala High Court passed an interim order on February 19, 2026, halting new construction in the ecologically sensitive Kottooli wetlands in Kozhikode.

The court directed the district collector, Kozhikode, and the Kozhikode Corporation to ensure that no new construction is undertaken within the prohibited area under the Wetlands (Conservation and Management) Rules, 2017. The legality and construction period of existing buildings will be examined at a later stage. Any construction already carried out will remain subject to the final outcome of the writ petitions.

The corporation has been instructed to give adequate publicity to the order to inform the public of restrictions on construction activity within the area.

Addressing the ongoing process to secure Ramsar site status for Kottooli wetlands, the court emphasised the need for completion within a defined timeframe. It directed the concerned authorities to expedite the procedure and conclude it within three months. The central government was urged to coordinate with the state to ensure all necessary steps are completed within this period.

The bench of Chief Justice Soumen Sen and Justice Syam Kumar VM expressed hope that the MoEFCC would take an early decision to safeguard and preserve the wetlands, which it described as “imminently required for the sustenance and well-being of the ecology and for maintaining ecological balance”.

During the hearing, the court was informed that procedural steps involving multiple authorities are under way for declaring the area a Ramsar site. Petitioners argued that permitting construction in the interim would undermine the objective of the Wetlands Rules and render the proposed Ramsar designation ineffective.

Finding merit in this submission, the court held that allowing new construction while the process is pending would defeat the purpose of both the Wetlands (Conservation and Management) Rules, 2017 and the Ramsar Convention.

The draft offline Ramsar Information Sheet has been updated and approved by the Technical Committee and by the State Wetland Authority Kerala in its meeting on October 8, 2025. The proposal is being processed for forwarding to the Wetlands Division of the MoEFCC, the Ramsar Administrative Authority in India, through the Kerala government.

The court was informed that the proposal, along with requisite documentation concerning newly identified wetlands, has been placed before the ministry for active consideration.

Health centre on forest land in village Sarugada, Nabarangpur halted

On February 19, 2026, the National Green Tribunal directed that no further construction of a community health centre in village Sarugada, mouza Soruguda, tahasil Nandahandi in Odisha’s Nabarangpur district shall proceed without obtaining consent to establish from the Odisha State Pollution Control Board.

The district magistrate and superintendent of police, Nabarangpur, were instructed to ensure compliance with the order.

The case concerns the construction of a community health centre on forest land, allegedly in violation of environmental norms.

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