Daily Court Digest: Major environment orders (May 26, 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 (May 26, 2026)
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Summary
  • The NGT directed the Municipal Corporation, Lucknow, to take over five ponds within the Omaxe City project and ensure their cleaning, rejuvenation and maintenance.

  • The West Bengal State Wetlands Authority told the NGT that Kolkata Municipal Corporation had failed to act on repeated requests to clear encroachments from the Ukil Bheri waterbody.

  • In Meghalaya, the State Pollution Control Board recommended vegetative slope stabilisation near the Wah Lwu stream to prevent erosion and siltation.

  • The cases highlight continuing concerns around urban waterbodies, encroachments and environmental compliance across states.

Pond rejuvenation in Lucknow

The National Green Tribunal (NGT) on May 26, 2026 directed the Municipal Corporation, Lucknow, to take over five ponds within the Omaxe City project. The developers were directed to hand over possession of the ponds to the corporation within 10 days and file an action-taken report.

The Municipal Corporation, Lucknow, was also directed to take the necessary steps after taking possession of the ponds for their cleaning, rejuvenation and maintenance, in accordance with directions issued by the Supreme Court and the NGT.

The corporation must also periodically sample the water in the ponds for analysis to ensure compliance with prescribed standards and any guidelines issued by the Central Pollution Control Board and the Uttar Pradesh Pollution Control Board.

The matter concerns alleged encroachment by Omaxe Limited on five waterbodies or ponds while developing a residential township named Omaxe City on land in the villages of Aurangabad Khalsa and Ramaniya Estate, Lucknow. It has been alleged that the ponds were converted into plots, parks and roads.

During the hearing on February 19, 2025, the tribunal was informed that Omaxe City comprises two separate projects. One, developed by Omaxe Limited, covers a total area of 412,673 square metres (sq m), or approximately 41.2 hectares. The other, developed by Ramaniya Estate Developers, covers 192,623 sq m, or approximately 19.2 hectares.

The ponds at khasra numbers 1211, 1250, 1251 and 1681 fall within the area developed by Omaxe Limited, while the pond at khasra number 1653 falls within the area developed by Ramaniya Estate Developers.

At the hearing on May 26, 2026, the tribunal was informed that the ponds had not yet been handed over to the Municipal Corporation, Lucknow. Counsel for Omaxe Limited and Ramaniya Estate Developers submitted that they were ready to hand over possession of the ponds to the corporation.

Ukil Bheri encroachments in West Bengal

Despite several requests to the Kolkata Municipal Corporation to clear encroachments from Ukil Bheri, a waterbody, no action has been taken, the West Bengal State Wetlands Authority said in a reply affidavit dated May 22, 2026.

The matter relates to the alleged illegal filling up of Ukil Bheri, a waterbody in Mouza Nimokpoktan under the Kolkata Municipal Corporation in South 24 Parganas district.

The report by the West Bengal State Wetlands Authority stated that a joint committee constituted on the orders of the NGT visited the site on February 17, 2022 and later submitted its final report.

The joint committee submitted its final report in November 2022. It stated that plots had been created after 2013 by filling up the Ukil Bheri waterbody and that these plots needed to be demolished. It said the Kolkata Municipal Corporation should immediately take steps to restore the waterbody.

The committee recommended that, after restoring the waterbody, the KMC should assume management control in accordance with the West Bengal Inland Fisheries Act, 1984. It also recommended that the corporation demarcate the Ukil Bheri boundary with concrete pillars and carry out geo-tagging with the help of the Additional District Magistrate, Land Reforms, South 24 Parganas district.

The joint committee had stated in 2022 that unauthorised buildings and boundary walls had been constructed after 2013 by filling up a portion of the Ukil Bheri waterbody. These structures must therefore be demolished and the land restored to its previous state, it said.

The waterbody falls under the jurisdiction of the Kolkata Municipal Corporation. Under the West Bengal Inland Fisheries Act, 1984, the Municipal Commissioner of the KMC is the competent authority to take action against any illegal activity involving the filling up of a waterbody within the corporation’s jurisdiction.

The West Bengal State Wetlands Authority, Environment Department, West Bengal, has repeatedly requested the KMC to demolish the unauthorised constructions on the waterbody.

The applicant, Sabyasachi Mallick Chowdhury, approached the Calcutta High Court seeking implementation of the final report of the joint committee formed by the NGT. The writ petition is still pending before the High Court.

Through its latest order dated 8 April 2026, the High Court directed that status quo be maintained regarding possession of the property in question until the Special Officers appointed by the court file their report.

The report stated that the joint committee had directed the KMC, as the competent authority, to take management control of the waterbody in accordance with the West Bengal Inland Fisheries Act, 1984. The KMC was also directed to demarcate the Ukil Bheri boundary with concrete pillars and carry out geo-tagging with the help of the ADM and Land Reforms, South 24 Parganas district.

Vegetative measures needed to protect Wah Lwu stream

Vegetative slope stabilisation is essential to fully mitigate erosion and siltation risks to the Wah Lwu stream, the Meghalaya State Pollution Control Board said in a report dated May 25, 2026.

The matter relates to a news item titled Soil dumping: Umiam river cries for help, published on news website shillongtimes.com on May 26, 2024.

The report was submitted in compliance with NGT orders dated January 30, 2026 and April 24, 2026.

The Meghalaya State Pollution Control Board conducted an inspection on May 7, 2026 at the site of Oriental Star Luxury Resort, adjacent to the Wah Lwu stream in East Khasi Hills district.

During the inspection, the board observed that both retaining walls had been constructed using reinforced concrete and stone masonry, and that the construction methodology appeared adequate for slope stabilisation and erosion control.

No fresh dumping of soil or boulders was observed along the bank of the Wah Lwu stream, and the downstream water was clear of mud and boulders.

However, the board observed certain exposed and bare slopes above and adjacent to the retaining walls, which may be vulnerable to erosion during heavy rainfall or other natural events.

To ensure additional long-term environmental protection and further strengthen slope stabilisation measures, the board recommended vegetative slope stabilisation, including the planting of deep-rooted native species and grass cover for long-term soil stabilisation and erosion control.

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