Daily Court Digest: Major environment orders (January 6, 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 (October 6, 2025)
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Summary
  • NGT questions NHAI over illegal debris dumping, seeks detailed action plan.

  • MPPCB lacks independent recruitment powers; rule amendment proposal pending.

  • Manipur addressing PCB staff shortages, pledges lab upgrades after recruitment.

Why exemplary environmental compensation should not be imposed on NHAI, NGT questions

On January 6, 2026, the National Green Tribunal (NGT) questioned the National Highways Authority of India (NHAI) and Gawar Mandi Highways, the project contractor responsible for the four-lane expansion with paved shoulders on the Bijni to Mandi section, about why they should not face significant environmental penalties. This inquiry was due to their breach of environmental regulations by disposing of debris in unauthorised locations and failing to implement necessary environmental protections at authorised sites.

In their responses, they must specify the remedial measures to be taken by them with an action plan, budgetary allocation and implementing agency.

The matter related to muck dumping into River Beas during four-lane expansion with paved shoulders on the Bijni to Mandi section. In compliance with the NGT order dated November 19, 2025, the report of the joint committee has been filed in January 2026.

Despite the notice being issued to NHAI, no representative has appeared on their behalf. In tribunal cases where NHAI is a respondent, the NGT noted that historically, NHAI's absence leads to unnecessary postponements and delays in resolving significant environmental issues that need immediate action to prevent irreversible harm.

In the course of the hearing, Chairman, NHAI joined through telephonic call and has requested for adjournment with assurance to look into the matter personally and file appropriate response. The court appreciated the "immediate response" and said that it is expected that needful would be done. Keeping in consideration of the joint committee report, NGT directed the presence of Gawar Mandi Highways (the project contractor) and the Union Ministry of Environment, Forest and Climate Change (MoEFCC) through its secretary to be essential for just and per adjudication of the substantial environmental questions involved in the case.

MPPCB does not have power to fill up vacant posts independently

A significant issue concerning recruitment at the Madhya Pradesh Pollution Control Board (MPPCB) was that "the Board lacked the authority to independently fill vacant positions". It had to depend entirely on other recruitment agencies or state government departments, such as the Madhya Pradesh Public Service Commission and the Madhya Pradesh State Employee Selection Board, to fill these vacancies, leading to certain administrative challenges and delays.

In order to overcome the matter, the Board had submitted a proposal for amendment in rules in a manner that would enable the Board to conduct recruitment exercises for Class-III and Class-IV employees and fill up those vacancies on its own. The proposal is pending before the government of Madhya Pradesh.

This was stated in the reply by the Principal Secretary, Department of Environment & Forest, Madhya Pradesh, December 30, 2025 in compliance of NGT order, October 14, 2025.

The report gave the vacancy status for the Madhya Pradesh Pollution Control Board. The report also stated that the MPPCB has submitted requisition for 18 posts of Scientist which was forwarded to the Staff Selection Board, pursuant to which an advertisement was issued on February 25, 2025 and the recruitment process is underway. 

Similarly, the Staff Selection Board has issued an advertisement dated October 28, 2025 for 20 posts of Chemist and eleven posts of Laboratory Assistant, and the further selection process in respect thereof is presently pending at the Board level.

Staff shortage in Manipur Pollution Control Board being looked into

The government of Manipur is diligently taking necessary steps and is actively in the process of filing up the approved vacant posts in the Manipur Pollution Control Board in a judicious manner. 

After strengthening the SPCB with the required manpower, the Board would take prompt and effective steps to upgrade the laboratory infrastructure of the Manipur Pollution Control Board in accordance with the prescribed standards stated the report filed by the Manipur Pollution Control Board, January 5, 2026.

The report said that the directions of the NGT could not be fully complied with due to the ongoing situation in the state. On October 14, 2025, the National Green Tribunal instructed all pollution control boards across the country to submit a status report.

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