Daily Court Digest: Major environment orders (March 3, 2026)

Establish national database for elephant mortality: NGT to MOEFC

The National Green Tribunal (NGT) February 27, 2026 issued a number of directions for the conservation of elephants. The southern bench of the tribunal directed the state of Kerala to operationalise the Wild Animal Mortality Auditing Framework as a standardised and digitised monitoring system, ensuring integration of demographic, spatial data for real-time review. 

The Union Ministry of Environment, Forest & Climate Change (MoEFCC) has been directed to establish a centralised national database for elephant mortality, including natural causes such as Elephant Endotheliotropic Herpesvirus, with mandatory reporting from all elephant range states. 

The government of Kerala was directed to prepare and implement a comprehensive Dry-Season Elephant Conservation Action Plan prior to the next dry cycle, including augmentation of natural water sources, fodder enrichment and pre-emptive conflict mitigation in identified hotspots. 

A joint audit should be conducted by the forest department and power utilities within six months to identify and rectify hazardous power lines in elephant habitats. Illegal high-voltage fencing must be removed immediately, and strict enforcement measures should be undertaken against violators. 

Kerala was asked to coordinate with Railways and transport authorities to implement site-specific mitigation measures in high-risk corridors, particularly in Palakkad and other identified transport interfaces, including speed regulation, early-warning systems, and physical barriers where scientifically appropriate. 

The state was also asked to establish a dedicated wildlife disease surveillance and rapid-response veterinary mechanism for the early detection and management of Elephant Endotheliotropic Herpesvirus and other emerging diseases, with periodic reporting to the ministry. In addition, division-specific management plans shall be prepared for the identified mortality landscapes, ensuring corridor integrity, inter-State coordination and reduction of habitat fragmentation.

The material on record shows that the Asiatic Elephant (Elephas maximus), a Schedule I species under the Wildlife (Protection) Act, 1972, is afforded the highest statutory protection and is covered under Project Elephant, now integrated into the CSS Project Tiger & Elephant framework. “The State of Kerala, supporting a significant elephant population, has a corresponding conservation responsibility”, stated the bench of Justice Pushpa Sathyanarayana. 

Disproportionate mortality among calves and juveniles, including cases of EEHV-HD, highlighted the need for structured disease surveillance and standardised mortality auditing. Seasonal peaks during dry months and clustering in specific landscapes indicate a nexus between habitat stress and human-elephant conflict. Though human-induced deaths constitute 10.4 per cent of total mortality, they are preventable; the increasing incidence of electrocution, along with transport collisions and explosive-related deaths, reflects gaps in infrastructure safeguards and enforcement, the order said.  

NGT took suo motu cognisance of the news report published in The Hindu on July 19, 2024 titled 845 elephant deaths recorded in Kerala in eight years. 

The news report indicated that nearly 40 per cent of reported calf deaths were attributed to Elephant Endotheliotropic Herpesvirus–Haemorrhagic Disease (EEHV-HD), a viral infection known to affect young elephants. 

The MOEFCC report stated that, as per the information furnished by the state, 57 elephant deaths recorded during the period 2016–17 to 2023–24 were attributed to unnatural causes, including train collisions, electrocution, poaching and poisoning. 

The ministry clarified that while such unnatural deaths are monitored, Project Elephant does not presently maintain a centralised collation mechanism for natural mortality data, including deaths attributed to Elephant Endotheliotropic Herpesvirus–Haemorrhagic Disease (EEHV-HD).

Upon publication of the news report referring to 845 elephant deaths, the Project Tiger & Elephant Division sought clarification from Kerala on September 12, 2024. The state clarified that the figure was derived from estimation reports and thereafter constituted an expert committee vide to undertake a detailed assessment of mortality trends.

The Principal Chief Conservator of Forests has furnished a copy of the “Report on Trend and Insights: Elephant Mortality in Kerala (2019–2020 to 2024–2025)” prepared by a five-member Expert Committee, which was headed by the Principal Chief Conservator of Forests (Wildlife) and Chief Wildlife Warden.

The expert committee submitted a detailed analytical report examining mortality trends, demographic structure, causes of death, seasonal variations, spatial distribution, and long-term conservation implications.

The committee analysed data over six financial years (April 2019-March 2025) and observed some key trends. A total of 744 wild elephant deaths were recorded across Kerala’s forests during the study period, averaging approximately 124 deaths per annum. Based on population estimates ranging from 2,000 to 2,785 individuals, the annual mortality rate was calculated to fall between 4.45 per cent and 6.2 per cent.

The population is considered demographically stable as the estimated annual recruitment of about 168 calves marginally exceeds the average annual mortality of 124 deaths. Mortality peaks were observed in the financial years 2019-20 (135 deaths) and 2024-25 (150 deaths), indicating temporal fluctuations driven by external factors.

A critical seasonal trend identified that mortality consistently surges during the dry season from January to May due to resource scarcity, whereas it drops significantly during the monsoon months of June through September, stated the report.

The report also stated that the data exhibited a U-shaped mortality curve, with specific vulnerabilities identified in the youngest cohorts. While adults over 15 years comprised the largest share of mortality at 48.7 per cent, a disproportionate impact was found among the young, with calves under one year and juveniles aged 1-5 years accounting for a combined 30.9 per cent of total deaths.

Juveniles are particularly vulnerable, constituting only around 6.5 per cent of the total population but suffering 16.5 per cent of all recorded deaths. Male elephants faced higher mortality at 49.4 per cent compared to females at 46.2 per cent, a bias most pronounced in sub-adult males due to behavioural traits such as dispersal and higher risk-taking in conflict zones.

The committee proposed targeted missions to address specific threats and ensure long-term population viability. These included the implementation of "Mission FFW" (Food, Fodder & Water) as a priority dry-season intervention for habitat restoration and artificial water provisioning to reduce settlement encroachment. 

"Mission Solar Fencing" to restore non-functional barriers and strictly regulate illegal power fences to curb the rising trend of electrocution. Another mission proposed was "Mission Tribal Knowledge" to integrate traditional mitigation practices into modern conservation strategies.

"Mission Real-Time Monitoring" was proposed to track elephant movement across corridors, enabling preventive actions before conflict occurs.
The Expert Committee’s report (2019-2025) records 744 deaths, with an annual mortality rate of 4.45-6.2 per cent. As estimated annual recruitment (168 calves) marginally exceeds average annual mortality (124 deaths), the population is presently considered demographically stable. However, this numerical stability does not dispel underlying concerns.

Management of slurry generated from marble and granite processing units

NGT on February 27, 2026 directed the Central Pollution Control Board (CPCB) to ensure that the guidelines formulated for the utilisation of slurry generated from marble and granite processing units, so as to prevent its unregulated dumping on land or in low-lying areas, are circulated to all the state pollution control boards (SPCB) and pollution control committees (PCC) forthwith. 

Each SPCB / PCC must develop an online portal, as envisaged under the database management component of the guidelines, within three months. In the meantime, all existing marble and granite processing units should obtain consent to establish (CTE) and consent to operate (CTO) under the Water Act, 1974, and the Air Act, 1981, from the concerned SPCBs / PCCs. 
Before granting CTE / CTO, the SPCBs / PCCs must ensure that the units submit a utilization plan for the slurry they generate. For units that have not applied for CTE / CTO, SPCBs / PCCs should take appropriate action in accordance with the law.

The matter related to unscientific dumping of marble slurry on agricultural land near Harichandhrapuram railway station, Kotabommali mandal, Srikakulam district, Andhra Pradesh, is adversely affecting the environment and public health. 

The marble polishing units at Nimmada, Peddabammidi and Yetturallapadu are generating marble slurry. There are about 700 stone cutting and polishing units located at Tandoor, which have been shifted to the industrial area. The adverse impact of the dumping of marble slurry is creating air pollution, affecting the public health as well as agricultural land in the area due to increased salinity of soil, micronutrient deficiency and reduced percolation of water. 

Gayatri Ganga pollution

Drains leading to River Gayatri Ganga in Hamirpur district of Uttar Pradesh were untapped and no temporary phytoremediation / bioremediation measures were in place, stated the affidavit filed by Uttar Pradesh Pollution Control Board (UPPCB). The UPPCB report of February 27, 2026 was in compliance to the NGT order December 12, 2025.

The district magistrate of Hamirpur constituted a committee to inspect the relevant sites as per the NGT's order. The joint committee inspected the sites from February 3-5, 2026 and the National Mission for Clean Ganga prepared an inspection report. The inspection found all drains untapped, and no temporary phytoremediation/bioremediation measures were in place.

The district administration informed that the Gayatri Ganga is marked as a drain in government records. The joint committee inspection found encroachments at five sites, regarding which the district administration proposes to initiate action.

The regional officer of UPPCB, Banda, directed the executive officer, Nagar Palika Parishad, Hamirpur to provide information regarding the status of drain tapping / STP construction and temporary measures for phytoremediation/bioremediation until the STPs become operational.

The Executive Officer, Nagar Palika Parishad, Hamirpur informed UPPCB Banda that land for the STP has been selected, a detailed project report is being prepared for the STP, and temporary treatment (phytoremediation / bioremediation) would start within a few months until the STP is operational.