Daily Court Digest: Major environment orders (January 28, 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 (January 28, 2026)
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Waste in Kainchi Dham, Nainital

The National Green Tribunal (NGT) on January 27, 2026, directed the District Development Authority Nainital to give all requisite details regarding constructions raised in Kainchi Dham, encroachments if any with details and action taken for their removal.

The tribunal directed the Chief Development Officer, Nainital and Gram Panchayat, Kainchi Dham to specifically mention all details regarding solid waste and sewage, industrial/commercial effluent management and compliance with Solid Waste Management Rules, 2016.

The residents of Hira Vihar in Nainital, Uttarakhand had sent a letter petition about pollution in the Shipra river in Nainital district’s Kainchi Dham as well as lack of proper management of solid waste and sewage and industrial/commercial effluent.

The response affidavit filed by the Principal Secretary, Department of Environment Conservation and Climate Change, Uttarakhand on August 28, 2025, had informed the NGT that inspection was carried out on August 18, 2025.

The joint inspection report stated that every year, a large number of devotees and tourists visit the Bhowali/Kainchi Dham area. This results in increased pressure on local sanitation and waste management systems. To maintain the quality of the river and the sanctity of the temple, it is necessary to establish adequate public toilets at suitable locations.

Similarly, due to the unexpected rise in solid waste from the heavy footfall of visitors, the local authorities should make sufficient arrangements for dustbins to ensure proper collection and segregation of waste.

A Sewerage Treatment Plant (STP) of appropriate capacity is also required on a priority basis to manage sewage and effluents generated in the area.

The report further stated that the Government of Uttarakhand, through its Housing Section-2 notification dated August 4, 2025, has declared the area within a 2 km radius of Shri Kainchi Dham as a Development Area under the District Development Authority, Nainital. This has been done to regulate ongoing construction activities.

Illegal mining in Banda

The NGT on January 27, 2026, directed the submission of response on illegal mining in the Laumar Gram Panchayat of Pailani tehsil in Uttar Pradesh’s Banda district.

The amicus curiae mentioned that illegal mining is being carried out in the area.

The court called the affidavit filed on January 23, 2026, by the Uttar Pradesh Pollution Control Board (UPPCB) as “materially deficient”. That is because the Regional Officer, UPPCB, has not looked into relevant aspects regarding compliance with environment clearance (EC) and consent to operate (CTO) conditions and directions given by the court. The Counsel for UPPCB sought four weeks’ time to file a compliance report.

The miner also sought four weeks’ time for filing additional response, giving all requisite details regarding compliance with EC/CTO conditions, environmental norms and directions issued by the court.

The NGT directed the District Magistrate and Superintendent of Police, Banda to take all requisite steps as stipulated in Sustainable Sand Mining Management Guidelines (SSMG), 2016, Enforcement & Monitoring Guidelines for Sand Mining (EMGSM), 2020 and directions given by the tribunal and file separate action taken reports.

In his report, the District Magistrate, Banda should also mention details regarding surprise visits conducted by the District Task Force and action taken on the basis of minutes/reports, the order said.

Additional response by the miner, additional report by the UPPCB and reports by the District Magistrate, Banda and Superintendent of Police, Banda and amicus curiae should be filed within four weeks.

Champak lake in Pachmarhi

The Champak lake in Pachmarhi, Narmadapuram district, Madhya Pradesh is facing grave danger from commercial activities and pollution, stated an application heard by the central bench of the NGT on January 23, 2026.

The tribunal directed the constitution of a four-member joint committee to look into the matter. The panel is to comprise one representative each from the Principal Secretary, Environment, Madhya Pradesh; State Wetlands Authority; Divisional Forest Officer and Madhya Pradesh Pollution Control Board, Narmadapuram. The court has directed the panel to visit the site and submit the factual and action taken report within four weeks.

The applicant stated that the repeated discharge of untreated water and throwing of garbage in the lake has adversely affected the environment. The application also talked about activities taking place in and around the lake.

It said in October 2013, the permission for the establishment of adventurous sports activities over the Champak lake was granted to the Satpura Adventure Sports Club, which continues to exist till date after subsequent renewals. Permission was granted for the establishment of the zipline in September 2015, which continues to exist till date.

The District Archaeological, Tourism and Culture Council Narmadapuram, is involved in permitting tourism-related cultural or commercial activities in and around Champak lake, which are adversely affecting the ecology of the waterbody.

The Champak lake has an area of 43.400 hectares and as per guidelines issued by the Supreme Court, any water body having an area of 2.25 hectares is recorded as a ‘wetland’, said the applicant, Rakhi Bala Singare.

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