Major environment orders (March 21, 2025)

Place on record steps taken by Assam to tackle hill cutting: Gauhati HC

Gauhati High Court March 17, 2025 asked the Advocate General of Assam to place on record measures which have been adopted by the state government to tackle the hill cutting problem in greater Guwahati and its surrounding areas, including other areas in Assam. The Assam government was directed to submit the latest factual report, directed the division bench comprising Chief Justice Vijay Bishnoi and justice N Unni Krishnan Nair.

In response to the direction given by the HC on December 18, 2024, an affidavit was filed on behalf of the government of Assam, department of Housing and Urban Affairs, wherein it was stated that the work for preparation of a geographic information system-based Comprehensive Drainage Master Plan and detailed report is in progress.

It was mentioned that the tasks involving the topographical survey and comprehensive inventory of the current stormwater drainage system for the Master Plan, in collaboration with all relevant departments, as well as the preparation of the Detailed Project Report for the River Bahini sub-basin, are ongoing.

The court was also informed that a revised inception report was submitted on December 26, 2024 and the same has been circulated to all the stakeholders for views and comments. KN Choudhury, senior counsel and amicus curiae in the PIL petition, submitted that some suggestions have been offered by a retired IAS officer who was the chief executive officer of the Guwahati Metropolitan Development Authority (GMDA).

The suggestions said that hill cutting permission and building permission in the low-lying areas be not issued for a period of at least three years or till effective steps are taken to tackle the flood problem in Guwahati.

It was also suggested that all the reserve forests within greater Guwahati should be made encroachment-free and massive plantation drives should be taken by the forest department. It was further suggested that a survey be conducted of all the non-miyadi patta lands and no big structure should be allowed on those lands.

The HC was apprised of the fact that hill cutting is one of the reasons for flood problem in Guwahati. Though land is required for construction purposes, rampant hill cutting needs to be checked and stopped, the court was informed.

The HC expressed hope that the suggestions and views would be taken into consideration by the Assam government while preparing the master plan.

Jammu-Katra Expressway work in Rupnagar put on hold

The National Green Tribunal (NGT) March 19, 2024 said that the construction work of Jammu-Katra Expressway in Rupnagar district should not be carried out without obtaining statutory permissions and complying with the provisions of environmental laws.

The tribunal directed National Highway Authority of India (NHAI) and Ceigall India Limited to obtain necessary consents / clearances / permissions under environmental laws from the concerned authorities within two months.

NGT was of the view that even if 1 per cent of the project cost was taken as environmental compensation for carrying out illegal construction activities, it will come to Rs 11 crore. 

Besides, NHAI is also liable to pay environmental compensation of Rs 85,87,500, which has been computed by the Punjab State Pollution Control Board for the period of April 18, 2023 to July 18, 2024. For further carrying out illegal activities in violation of environmental laws for the period from July 19, 2024 and onwards, PSPCB should determine environmental compensation after giving opportunity of hearing to NHAI within two months.

The entire amount of environmental compensation should be payable by NHAI within three months, the order said.

The environmental compensation collected under the order will be used for repairing the damaged environment as per the Environment Remediation Plan. This plan should be developed by a joint committee consisting of the Central Pollution Control Board (CPCB), PSPCB and a representative from the Union Ministry of Environment, Forest and Climate Change (MoEF&CC), with CPCB acting as the lead authority. The plan must be formulated within three months and implemented in the following three months.

Balwinder Kaur, the applicant, expressed concern about the potential loss of thousands of trees due to the risk of landslides. She mentioned that illegal mining is being conducted up to 15-20 feet deep in agricultural land next to forest department land, where thousands of trees are at risk of being uprooted because of the illegal mining, which could lead to significant environmental damage.

The joint committee’s report, submitted on May 20, 2024, indicated several violations in the mining operations at the site. These violations included extracting significantly more material than allowed by Ceigall India Ltd, a company hired by the National Highway Authority of India (NHAI) for the construction of the Jammu-Katra Expressway in the Rupnagar district.

NGT directs Ansal to pay Rs 10 crore for violation of solid waste management rules

Ansal Landmark Township was directed by the National Green Tribunal (NGT) March 19, 2025 to pay environmental compensation of Rs 10.9 crore for non-compliance of Solid Waste Management Rules, 2016 in Ansal Sushant City, Meerut, Uttar Pradesh. The amount has to be deposited with the Uttar Pradesh Pollution Control Board (UPPCB) within two months.

The project proponent was also directed to complete / obtain statutory consents / permissions / clearances from the competent authorities within two months, failing which execution of the project / construction activities in the project in question should not be carried out by it.

Ansal was also directed to ensure compliance of Solid Waste Management Rules, 2016 till the project in question is completed and handed over to MCM. Further, compliance of the conditions of EC should be ensured by constructing STP of requisite capacity in the project and connecting all drains and sewer lines in the project with STP for treatment of sewerage within three months.

UPPCB and district magistrate of Meerut must ensure adherence to the directives and submit a compliance report by July 15, 2025.

Amardeep, president of Ansal Sushant City Sector-7A Residential Welfare Society, submitted a letter petition to NGT regarding the developer’s failure to dispose of solid waste in the society, which is harming the environment. Although the EC was granted on January 16, 2008, the Joint Committee found the project incomplete during their inspection on March 15, 2024, more than 15 years after the EC was granted. According to Clause 9 of the Environment Impact Assessment Notification dated September 14, 2006, the EC period is only 5 years. The developer has not claimed to have received a new EC or a renewal.

“The execution / construction of the project even after expiry of EC was in violation of the provisions of EIA 2006 read with EP Act, 1986. This is a serious violation on the part of the project proponent,” the bench of Justice Sudhir Agarwal said.

Ansal Landmark Township has violated environmental laws and is liable to face all the consequences and penal and other action which have to be taken against it in accordance with law, the tribunal said. This would also include payment of environmental compensation by application of the principle of “polluter pays”.

_{Images are for reference only.Images and contents gathered automatic from google or 3rd party sources.All rights on the images and contents are with their legal original owners.}