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The NGT is empowered to quantify environmental compensation on the basis of project cost or scale of operations in order to enforce the polluter pays principle where construction is carried out in violation of environmental laws.
“The Tribunal noted that PM₁₀ and PM₂.₅ level breached the CPCB’s standards, with the root cause being equine dung emissions and dust from unpaved roads. Water sampling from five sites recorded presence of E. coli which violated drinking water norms and confirmed faecal contamination from horse dung.”
The case revolved around 2 orders passed by the National Green Tribunal- one order directed the constitution of a Joint Committee to investigate the appellant’s environmental transgressions and the 2nd order imposed compensation of Rs 18 crores.
by Dr Sairam Bhat* and Jaibatruka Mohanta**
“Access to justice is inextricably connected to maintaining integrity in the process of invocation and conduct of remedial proceedings before Courts and Tribunals.”
The Court emphasised the need for fairness and cautioned against causing prejudice by delaying a determination of culpability and liability in fire incident.
“Disclose the area with geo-coordinates of each of the water bodies under their management and control as per the revenue record.”
“Geo tagging of all trees to be made mandatory so that accurate records of their location, type and number can be maintained. Geo tag data should be published and be made available and reported to the office of Chief Conservator of Forest.”
“Construction of a religious structure is the most usual mode adopted by the land mafia for grabbing public lands/public parks by making illegal encroachments and unauthorized constructions with ulterior motives by misusing faith, playing with sentiments… for serving camouflaged personal objectives.”
The NGT acknowledged that “the OA raises substantial issue relating to compliance of environmental norms.”
“The illicit sand trade often operates under the shadow of organised crime, undermining the rule of law and weakening governance structures. Therefore, absolute standards with tough policies, strict enforcement and quick accountability are compelling for effective regulatory control.”
The applicants filed an application contending that Matheran hill station and an Eco-Sensitive Zone was facing serious environmental degradation due to the excessive use of horses for tourism and goods transportation.
National Green Tribunal directed for necessary plantation to maintain the ecology in the area.
“There is a need for “Sustainable Development” harmonising and striking a golden balance between the right to development and the right to clean environment”.
The NGT acknowledged that the matter raises serious environmental and public health concerns.
“During the Maha Kumbh 2025, regular monitoring of the water quality of the rivers Ganga and Yamuna is necessary at frequent intervals to meet primary water quality criteria.”
When the NGT passed the impugned order, the injured persons were not identified, nature of injuries was not determined and damage to houses and displacement of persons was also not identified or determined.
Pollution Control Board to prevent illegal plotting in the area falling in floodplain zones in the Villages.
Interviewed by Anish Mishra