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26 May 2025

Public Law - Environment Newsletter | May 2025

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This edition of our Newsletter covers recent legal and regulatory developments shaping India's environmental landscape. With growing scrutiny on environment degradation...
India Environment

This edition of our Newsletter covers recent legal and regulatory developments shaping India's environmental landscape. With growing scrutiny on environment degradation, this issue also pays attention to the ecological concerns surrounding industries with a strong environmental impact, such as mining alongside broader trends in pollution control and conservation efforts. Our aim is to keep stakeholders informed of the key legal and policy shifts driving environmental accountability and sustainable resource management across sectors.

Courts

1. The Supreme Court affirms the applicability of the Polluter Pays Principle in balancing industrial development and environmental protection

The Hon'ble Supreme Court reaffirmed the environmental accountability of tanneries in Tamil Nadu. Emphasizing the Polluter Pays Principle and sustainable development, the Supreme Court ordered compensation for environmental degradation caused over decades. It criticized state authorities for their inaction and demanded immediate steps for restoration.

Cause title: Vellore District Environment Monitoring Committee v. Vellore District, 2025 SCC OnLine SC 207

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2. The Supreme Court lists pleas in Vanashakti PIL regarding the forest conservation framework

The Supreme Court has scheduled key applications in the ongoing Vanashakti case, a major Public Interest Litigation (PIL) on forest and environmental governance. The Supreme Court by its order dated February 24, 2025, stayed the operation of the amendment notification dated January 29, 2025 issued by the Ministry of Environment, Forest and Climate Change (MoEFCC), which sought to amend the Environment Impact Assessment (EIA) Notification, 2006, by clarifying the definition of "built-up area" for the purpose of determining EIA applicability to building and construction projects. The Supreme Court also stayed the operation of the subsequent office memorandum dated January 30, 2025, which elaborated on the implementation of the said amendment. The matter is now listed for hearing on September 2, 2025.

Cause title: Vanashakti v. Union of India, Writ Petition (Civil) No. 166/2025

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3. The Supreme Court directed environmental accountability in Ajmer's seven wonders park case

By the order dated April 7, 2025, the Supreme Court directed the Rajasthan government to file a detailed plan and affidavit indicating the steps taken for the shifting of the replica "Seven Wonders" structures, and another affidavit confirming the demolition of the food court. All affidavits are to be filed within one month. The matter is listed next on May 16, 2025.

Cause title: State of Rajasthan & Ors. v. Ashok Malik & Ors., Civil Appeal No. 7607/2023

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4. The Supreme Court approved development plans for Auroville

The Apex Court allowed the Auroville Foundation's appeals, enabling its planned urban development while addressing environmental objections. This marks a key legal moment where ecological preservation and planned sustainable growth were judicially balanced.

Cause Title: Auroville Foundation v. Navroz Kersasp Mody, (2025) 4 SCC 150

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5. The Supreme Court has partly set aside the National Green Tribunal (NGT)'s Order on Environmental Compensation and PMLA Charges

The Supreme Court, by order dated January 9, 2025, ruled that the NGT's method of calculating environmental compensation against Waris Chemicals was flawed and struck down its direction linking the case to the Prevention of Money Laundering Act, 2002 due to the absence of any scheduled offence.

Cause Title: Waris Chemicals Pvt. Ltd v. Uttar Pradesh Pollution Control Board, Civil Appeal No. 6398/2024

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6. The Supreme Court has directed States to constitute State Environment Impact Assessment Authority (SEIAA) for proper environmental oversight

The Supreme Court ordered the State Governments to form SEIAAs within six weeks, citing lapses in environmental clearances by district authorities and stressing the need for stricter regulation of mining activities.

Cause Title: Union of India v. Rajiv Suri, Civil Appeal Nos. 3799-3800/2019

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7. The Supreme Court emphasises due process in environmental compensation cases

The Supreme Court, by order dated February 19, 2025, set aside the environmental compensation of over ₹2 crore imposed without proper notice or hearing. It ruled that procedural safeguards by the original authority cannot be replaced by post-facto hearings before tribunals and directed a fresh determination after granting the appellant an opportunity to respond.

Cause Title: Zon Hotels (P) Ltd. v. Goa Coastal Zone Management Authority, 2025 SCC OnLine SC 771

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8. The Supreme Court upholds NGT's quashing of illegal sand mining e-auction

By judgment dated May 8, 2025, the Supreme Court upheld the NGT's decision to quash a sand mining e-auction in Uttar Pradesh's Saharanpur district. The Supreme Court ruled that environmental clearance cannot be granted based on a draft District Survey Report (DSR), stressing that only a finalized and valid DSR, as per the EIA Notification, 2006, is legally permissible.

Cause Title: State of U.P. v. Gaurav Kumar, 2025 SCC OnLine SC 1069

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9. The NGT has acted to protect the Noida Green Belt from illegal excavation

By order dated February 25, 2025, the NGT issued notice on a plea by the Residents Welfare Association of Sector 72, Noida, alleging illegal digging of a 20-metre-wide green belt for laying High Tension Electricity Cable. The Tribunal directed authorities to prevent any violation of environmental norms and protect the green area from unauthorized destruction.

Cause Title: Residents Welfare Association (Registered) Sector 72, Noida, Uttar Pradesh v. Union of India & Ors., Original Application No. 76/2025

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10. The NGT pulls up Delhi authorities for absence in an environmental case

The NGT emphasized that environmental matters require active government participation and cannot be treated as routine adversarial litigation and imposed a cost of ₹10,000 each on key Delhi authorities, including the Government of National Capital Territory of India (GNCTD) and the Delhi Fire Service (DFS), for failing to appear despite notice. The said cost was later waived by order dated February 24, 2025 upon filing of applications by GNCTD and DFS.

Cause Title: Ram Wati Soni v. NCT of Delhi & Ors., Original Application No. 1227/2024

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11. The NGT explores the formulation of nationwide policy to curb illegal sawmills

The NGT (Principal Bench) began deliberations on formulating uniform regulations to tackle the widespread issue of illegal sawmills across India. Triggered by allegations of over 274 unauthorised sawmills in Rajasthan's Dausa district, the Tribunal is considering broader policy measures aligned with Supreme Court guidelines to prevent unlawful tree felling and environmental degradation.

Cause Title: Vinod Kumar Sharma v. State of Rajasthan & Ors., Original Application No. 49/2025

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12. Meghalaya High Court directed to file a status report and expedited proceedings in PIL on illegal coal mining

The Meghalaya High Court, in a PIL on illegal coal mining, directed the State to file a detailed status report on the detection of 1,92,840 tonnes of undocumented coal, mainly in East Jaintia Hills, based on UAV survey findings. The Court also took note of lapses by the Meghalaya Basin Development Authority (MBDA) and irregularities in Mining Transport Challans (MTCs). Proceedings before Specially Designated Courts under Section 21 of the Mines and Minerals (Development and Regulation) Act, 1957 were ordered to be expedited. The matter is listed for further hearing on June 2, 2025.

Cause Title: In re Suo Motu Illegal Mining of Coal in the State of Meghalaya v. State of Meghalaya & Ors., PIL No. 2 of 2022

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Executive

1. India notifies End-of-Life Vehicle Rules 2025 to promote green auto disposal

The Ministry of Environment, Forest and Climate Change (MoEFCC) has issued the Environment Protection (End-of-Life Vehicles) Rules, 2025, effective from April 1, 2025, aiming to regulate eco-friendly scrapping and recycling of old vehicles. The rules cover a wide range of stakeholders while excluding categories like waste batteries and agricultural vehicles to avoid regulatory overlap.

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2. A new labelling mandate has been added under Plastic Waste Management (Amendment) Rules, 2025

The MoEFCC's latest amendment (effective from July 1, 2025) mandates producers, importers, and brand owners to include plastic packaging details via QR codes, brochures, or unique identification numbers. Non-compliance may attract penalties under the Environment (Protection) Act, 1986, reinforcing traceability and accountability in plastic waste management.

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3. Draft Environmental Rules propose conditional exemption from cooling tower requirements for thermal plants

The MoEFCC's draft amendment to the Environment (Protection) Rules, 2025 proposes allowing thermal power plants exemption from mandatory cooling tower installations on a case-by-case basis. Stakeholders can submit their comments on the proposed change by April 8, 2025.

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4. Battery Waste Management Rules amended to ease labelling norms for producers

The MoEFCC's February 24, 2025 amendment to the Battery Waste Management Rules, 2022, simplifies labelling requirements by allowing producers to provide EPR registration details via barcodes or QR codes on various packaging levels while ensuring continued compliance with environmental standards.

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5. Advancing green logistics in mining: India commences trials of hydrogen-powered heavy-duty trucks

In a significant policy-backed initiative promoting sustainable practices in the mining and transportation sectors, Union Ministers Nitin Gadkari and Pralhad Joshi flagged India's first-ever trial run of hydrogen-powered heavy-duty trucks by Tata Motors on March 4, 2025. Supported under the National Green Hydrogen Mission and funded by the Ministry of New and Renewable Energy, the 24-month trial involves 16 vehicles operating across major mining and freight corridors. The initiative aims to assess the commercial viability of hydrogen mobility in long-haul cargo, particularly mineral transport.

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