#NGT Jurisprudence

NGT rules that public notices for tree felling under the Maharashtra (Urban Areas) Protection and Preservation of Trees Act must explicitly disclose if the tree is a heritage tree and include age determination as per government-notified criteria. Non-compliance with these mandatory disclosures vitiates the permission process, impacting urban development projects and environmental clearances.

The National Green Tribunal Southern Zone has ruled that untreated domestic sewage from unsewered areas is the dominant source of pollution in Korattur Lake, not industrial effluents, and has ordered CMWSSB, PWD, and Greater Chennai Corporation to implement comprehensive sewage interception and treatment systems within six months. This sets a critical precedent for urban lake restoration in India, holding municipal bodies accountable for systemic wastewater mismanagement affecting public health and ecological integrity.

The National Green Tribunal ruled that an oral inspection notice under Section 21(3) of the Water (Prevention and Control of Pollution) Act is legally sufficient only when an authorized agent of the unit is present and does not object, reinforcing procedural fairness in pollution enforcement. This clarifies the threshold for admissibility of environmental samples and invalidates compensation calculated on flawed default periods without proper notice.

NGT holds that illegal tree felling for solid waste management projects triggers mandatory compensatory afforestation, even if the facility is not a landfill. The Tribunal directed Municipal Corporation Faridabad to plant 1800 trees and tasked HSPCB with compliance assessment within three months, reinforcing environmental accountability under the Solid Waste Management Rules 2016.

NGT holds that compensatory afforestation at 1:10 ratio is mandatory for tree felling, even for public infrastructure. No automatic exemption for state projects.

NGT recognizes pollution-induced school boycott as environmental violation under Air Act, 1981; directs site inspection and joint committee to assess health and educational impact.

NGT holds that mere submission of DPRs and tender processes does not constitute compliance with Solid Waste Management Rules, 2016; requires demonstrable progress and recovery of environmental compensation.

NGT holds that failure to comply with Solid Waste Management Rules, 2016 violates Article 21 and mandates environmental compensation, establishing strict accountability for local authorities.