Daily Court Digest: Major environment orders (September 11, 2025)

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 (September 11, 2025)
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Indrayani river pollution

The Dehu Nagar Panchayat in Maharashtra is consistently making efforts to ensure proper drainage treatment and pollution control of the Indrayani river, according to a report it filed before the National Green Tribunal (NGT) on September 2, 2025. This is despite it being a newly formed body with limited financial resources, the report added.

The Nagar Panchayat requested that no environmental damage compensation (EDC) be levied on it, as it would affect its normal functioning which includes various utility services as well as functioning of the area’s sewage treatment plant (STP).

The state of Maharashtra had established an STP plant of capacity three million litres per day (MLD) under the Pilgrimage Development Plan in 2018. The plant currently treats discharge of three MLD. The remaining sewage generated is treated by way of a soak pit.

The Times of India’s March 15, 2024 report titled Hundreds of fish found dead in Indrayani river at Dehu noted that dead fish were found in the Indrayani at Dehu in the month of March last year. During the months of March-April, water bodies dry up and there is hardly any water available in the Indrayani in the section of Dehu. The fish kill may have possibly occurred due to this reason, the report said.

The Maharashtra Pollution Control Board (MPCB) accorded the Dehu Nagar Panchayat a personal hearing on January 20 this year. The Nagar Panchayat submitted an action plan according to the discussion in the meeting. The MPCB also submitted its additional affidavit dated May 14, 2025, and submitted EDC according to their calculation.

Dehu Nagar Panchayat said it is not liable to pay any EDC as it was established on December 8, 2020. The date of commencement of the Nagar Panchayat has not been considered while calculating the EDC, which is thus not correct. Therefore, the Nagar Panchayat cannot be levied with any EDC for a period prior to its establishment and without giving any sufficient opportunity to perform under various statutes.

Not only the Dehu Nagar Panchayat but also various cities along the Indrayani fall within the territorial jurisdiction of the Pune Metropolitan Region Development Authority (PMRDA), established by the state of Maharashtra.

The PMRDA has initiated the establishing STPs not only for Dehu but also all other towns and cities in a unified and composite manner. The detailed project reports of various towns and cities have already been submitted with the PMRDA, which is processing the same with state and central agencies. It would be inappropriate to hold Dehu Nagar Panchayat at fault and levy and EDC.

Dehu Nagar Panchayat has taken measures to curtail the pollution. The Kapur Nala and Ghat Nala, streams which were flowing into the river, have already been diverted to the STP and are being taken care of. Therefore, “it would be inappropriate to levy EDC” for the two streams from April 1, 2022.

Also, “it would be inappropriate to levy compensation under the internal measures as well as the alleged failure to commence setting up as well as commissioning an STP. Moreover, it would be also inappropriate to charge any EDC for alleged failure to commission an STP,” the report said.

There is already an existing 3 MLD STP plant. The MPCB had also prepared a report dated May 24, 2024 in which it is shown that the total domestic sewage generated is 3 MLD and 2.7 MLD is being treated.

The bioremediation project of the Indrayani is presently under execution by the Dehu Nagar Panchayat. The repair and rejuvenation project of the existing drainage scheme is under process of sanction with the District Planning and Development Committee, and a new underground drainage scheme project is also under process of sanction with PMRDA.

Wetland conservation in Jammu & Kashmir

Some 404 wetlands are located in the Union Territory of Jammu & Kashmir according to the data provided by the Union Territory and information available with the Union Ministry of Environment, Forest and Climate Change (MoEFCC). Of these, ground truthing for 342 wetlands and boundary demarcation for 82 wetlands have been reported to be completed, stated the MoEFCC report to the NGT dated August 22, 2025.

The Wular lake has been designated as a Ramsar Site on March 23, 1990. It is the largest freshwater lake in India with extensive marshes of emergent and floating vegetation, particularly water chestnut, that provide an important source of revenue for the state government and fodder for domestic livestock. The lake supports an important fishing industry and is a valuable source of water for irrigation and domestic use.

Similarly, Hokersar or Hokera Lake has been designated as a Ramsar site on November 8, 2005. It is a natural perennial wetland contiguous to the Jhelum basin. It is the only site with reedbeds in Kashmir and is the habitat and stopover site of 68 waterfowl species.

The Integrated Management Plan of Wular Lake has been approved by MoEFCC in the financial year 2022-2023 for its conservation and management. An amount of Rs 9 crore was released on March 31, 2023, under the National Plan for Conservation of Aquatic Eco-systems (NPCA) scheme.

The matter related to complaints of rampant illegal encroachments and illegal dumping of solid waste in three major wetlands of Jammu & Kashmir namely, Hokersar Wetland, Wular Lake and Kreentchoo Chandara Wetland. 

Illegal mining of minor minerals in Pulwama

The district magistrate of Pulwama in Jammu & Kashmir filed a report before the NGT on September 8, 2025, about the steps taken to curb illegal mining. The affidavit was in compliance with the NGT order, dated August 12, 2025.

The district mineral officer of Pulwama and the divisional officer, Pollution Control Committee, Pulwama had submitted their response, the report said.

The geology and mining department has always remained proactive and prompt in quelling any reported illegal mining efforts. As per the presented report, an amount of Rs 46.85 lakh has been realized from the seizure of 224 vehicles/machinery from January 2024 till July 2025 end in Pulwama district.

Regarding illegal mining in Khankah Bagh, Pampore, the department of geology and mining had received a complaint about machinery’s presence for unauthorised extraction of clay/sand at Khankah Bagh, where the borders of Srinagar, Budgam and Pulwama districts meet. 

A team of the department rushed to the spot on July 1, 2024. There was already resentment among the local populace. This resulted in successful thwarting of the illegal mining attempt. As such, no minor mineral (clay/sand) could be transported from the spot by the illegal miner.

In order to ensure that no mining takes place, the damaged portion of the embankment was strengthened by way of laying earth filled bags. The ramp constructed by the illegal miners to carry out mining was also closed, restoring the embankment to its original shape.

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