#environmental compliance

The National Green Tribunal has directed strict enforcement of the Solid Waste Management Rules 2026, holding District Collectors personally accountable for implementation. Non-compliance will attract penalties, and CSR funds must be utilized for waste-to-energy projects to curb environmental violations.

CESTAT Kolkata has ruled that importers who submit a valid emission certificate issued by a Ministry-empanelled laboratory cannot be penalized under Sections 112(a) and 114AA of the Customs Act merely because the Type Approval certificate is missing. This sets a critical precedent for environmental compliance in customs clearance, protecting bonafide importers from disproportionate penalties when core environmental standards are met.

Allahabad HC rules that lessees failing to comply with environmental clearance and mining plan requirements cannot claim deemed extension under Section 8A(6) of the MMDR Act, even if renewal applications were filed. The judgment underscores strict adherence to statutory conditions for lease renewals, impacting mining operators across Uttar Pradesh.

NGT Central Zone Bench mandates compliance with Wetland Rules 2017 by directing sewage diversion, encroachment removal, and solid waste cleanup at Gauri Sarovar in Bhind, MP. The order underscores statutory obligations of local authorities to prevent irreversible ecological damage and public health hazards from untreated sewage and illegal dumping.

NGT Southern Zone rules that final closure orders under the Water and Air Acts override expired 'consent to operate' for industries violating environmental norms. The judgment reinforces that regulatory compliance cannot be bypassed by procedural lapses, setting a precedent for enforcement against industries operating on non-conforming land.

The National Green Tribunal ruled that supply chain gaps do not exempt thermal power plants from mandatory biomass co-firing under the CAQM Act. Panipat Thermal Power Station was held liable for ₹8.98 crore in environmental compensation, reinforcing that regulatory compliance cannot be circumvented by logistical challenges.

NGT rules that deemed environmental clearance under the EIA Notification 2006 is invalid if procedural requirements, including tree felling permissions, are not strictly followed. The ruling sets a precedent that illegal construction or tree felling nullifies any claim to deemed clearance, impacting real estate developers and environmental regulators.

Madras HC disposed of a writ petition as moot after encroachments on a public road and water body were removed, emphasizing that authorities must proactively prevent future encroachments. The ruling reinforces administrative compliance under environmental and public land protection laws, setting a precedent for similar cases.

Kerala High Court appoints Justice Arun V.G. to chair the High Power Committee for Sabarimala Master Plan, mandating strict adherence to timelines and environmental safeguards. The ruling underscores judicial intervention to ensure institutional continuity in large-scale infrastructure projects affecting pilgrim safety and ecological conservation.

NGT Southern Zone rules that successor companies inherit environmental liability only if expressly assumed via contract or prior notice. The judgment shields new owners from penalties for pre-takeover violations, reinforcing the 'polluter pays' principle while balancing corporate transitions. Industrial acquirers and pollution control boards must now document liability transfers explicitly to avoid disputes.

The National Green Tribunal (Southern Zone) ruled that a polluter’s isolated corrective action after effluent discharge does not exempt it from penalties if ongoing violations persist. The judgment underscores TNPCB’s duty to enforce continuous environmental compliance, not just post-facto remediation, impacting industries and pollution control boards across India.

The Punjab & Haryana High Court dismissed a petition seeking reclassification of a hotel as a commercial building under the suspended 2025 Rules, ruling that completed constructions must adhere to the regulations under which they were approved. The court held that violations or prospective rule changes cannot retroactively benefit non-compliant buildings, reinforcing strict compliance in urban planning.

NGT clarifies that its suo motu powers do not extend to bypassing territorial jurisdiction rules. The Tribunal must transfer cases to the appropriate zonal bench where the environmental violation occurred, ensuring compliance with procedural fairness and jurisdictional boundaries.

CESTAT Chandigarh rules that CENVAT credit is allowable on waste disposal and air pollution survey services as 'input services' under Rule 2(l) of the CENVAT Credit Rules, 2004, if they are integral to the manufacturing process. This decision clarifies the eligibility of environmental compliance services for tax credit, impacting manufacturers availing such services.

National Green Tribunal holds that isolated stack emission spikes do not justify closure of industry; compliance with Consent to Operate and ambient standards prevails over speculative health claims.