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Supreme Court judgements/orders

The Supreme Court of India stays decision of the National Green Tribunal imposing environmental compensation on Executive Officer, Nagar Panchayat Dasna for non-operation of sewage treatment plant

The Supreme Court of India (“Supreme Court”) in Executive Officer vs. Afsar Ali and Anr.[1] stayed the operation of directions issued by the National Green Tribunal (“NGT”) for initiating penal action and imposing environmental compensation of INR 23,72,000 (Indian Rupees twenty-three lakh seventy-two thousand) on the Executive Officer of Nagar Panchayat Dasna (“Executive Officer”). The directions were issued by the NGT for discharge of untreated sewage into drain for several years. NGT while passing the impugned order noted that on the previous date of hearing, the Executive Officer had shared incorrect information in respect of operationalisation of sewage treatment plant. NGT imposed interim environmental compensation which was computed for a period for 5 (five) years from the date when NGT took cognisance. The Supreme Court stayed the direction for initiation of penal action subject to deposition of the environmental compensation amount in the Supreme Court.

 

The governments of Punjab and Haryana directed to take steps for compliance of directions issued by the Commission for Air Quality Management in National Capital Region

The Supreme Court in M.C. Mehta vs. Union of India and Ors.[2] directed the governments of Punjab and Haryana for implementation of directions issued by the Commission for Air Quality Management in National Capital Region (“NCR”) and Adjoining Areas (“CAQM”). The directions were passed while considering the compliance report filed by CAQM. The Supreme Court noted that CAQM has not made any efforts to ensure compliance with the directions issued by CAQM. It also noted that during the meeting of CAQM sub-committee for safeguarding and enforcement, no direction for prosecution of violators under Section 15 of the Environment (Protection) Act, 1986 was passed. In view of the same the State governments of Punjab and Haryana were directed to show compliance with the directions issued by CAQM. The Supreme Court considered the responses filed by the governments of Punjab and Haryana on October 16, 2024, and noted that no action was taken against non-compliance of the direction of CAQM in both the States. The Chief Secretaries of both the States were directed to personally appear before the Supreme Court to explain the non-initiation of stringent actions against violators and government officials for failing to comply with the directions of CAQM.

 

Chairperson of Delhi Development Authority directed to personally file response on aspects regarding tree felling in Delhi ridge area.

The Supreme Court in the case of T.N. Godavarman Thirumulpad vs. Union of India and Ors.[3] directed the Chairperson of the Delhi Development Authority (“DDA”) to file an affidavit responding to the aspects related to the illegal tree felling in Delhi ridge area. The order was passed in a contempt petition filed against the officials of DDA for felling trees despite the dismissal of their application seeking permission before the Supreme Court. The Chairperson is directed to furnish information regarding the steps taken for identification of officers responsible for suppression of facts before the Supreme Court in the earlier responses filed by DDA. Additionally, the Chairperson must clarify whether any disciplinary proceedings or criminal action have been instituted against the responsible officers.

 

High Court judgements/orders

Rajasthan High Court initiates suo motu proceedings against unauthorised construction and encroachments over rivers and water bodies in the State

The Rajasthan High Court (“Rajasthan HC”), in “In Re: In the matter of save the rivers, lakes and water bodies from illegal constructions and encroachments”[4], initiated suo motu proceedings based on a news article published in ‘Rajasthan Patrika’ on October 18, 2024, alleging ongoing encroachments affecting ponds and lakes in the State. The article highlights that despite numerous directions issued by the courts and NGT, several rivers along with various other water bodies across the State are facing severe encroachment, jeopardising the well-being of all living organisms and environment. The Rajasthan HC observed that such news indicated serious failure of the Central and State Government particularly Ministry of Environment, Forest and Climate Change (“MoEF”) and Ministry of Jal Shakti in protecting rivers from illegal encroachments. It also noted that the draft River Conservation Zone (Regulation of Harmful Activities) Rules, 2012 and the notifications regarding river conservation zone and river regulation zone in 2015 remain unimplemented till date. The Rajasthan HC issued show cause notice on why the directions for constituting committees at State level, divisional level and district level should not be issued. It also proposed the demolition of illegal and unauthorised constructions and encroachments on the rivers, flood plains and catchment areas of all rivers, water bodies, water courses and water channels.

 

National Green Tribunal judgements/orders

NGT directs reappraisal of district level Environmental Clearances granted for mining leases

NGT in Noble M. Paikada vs. Union of India and Ors.[5] has directed that the Environmental Clearances (“ECs”) granted at the district level by District Environment Impact Assessment Authorities (“DEIAAs”) should be reappraised by the State Environment Impact Assessment Authorities (“SEIAAs”) at the state level by November 7, 2024. The direction was passed in an application challenging the validity of Office Memorandums (“OMs”) dated November 3, 2023 and March 15, 2024 which extended the validity of the ECs granted by DEIAA. The applicant argued that these OMs contradicted the judgements of Supreme Court and NGT. NGT considered the legal development of the amendments to the Environment Impact Assessment Notification, 2006, in 2016 which allowed DEIAAs to grant ECs for mining projects with area less than 25 ha (twenty-five hectares) without public consultation. This was deemed inconsistent with the judgement of the Supreme Court, which mandated stricter environmental assessments for mining activities. NGT had previously directed that such procedures be aligned with the directions of the Supreme Court and all ECs granted between January 15, 2016 and December 11, 2018 must be reappraised by the SEIAAs by November 7, 2024. It further directed that in cases where the reappraisal is not completed within this period, the mining operation will cease. MoEF was also directed to issue revised guidelines to ensure compliance with the directions issued by the Supreme Court and NGT.

 

NGT orders investigation into unauthorised occupation of public land and waste burning in Mohali

NGT in Sudhir Kumar vs. State of Punjab[6] took suo motu cognisance of a letter petition regarding unauthorised waste burning by migrants on public land. The petitioner highlighted that the burning of scrap was causing significant smoke emissions, leading to respiratory and other health issues for the residents. The letter further alleged that no action had been taken by local authorities despite multiple complaints. NGT noted the lack of specific details in the complaint, such as the identification of the violators and precise locations of the alleged activities. However, recognising the potential environmental and health impacts, the NGT directed the District Magistrate of Mohali (S.A.S Nagar) and the Punjab Pollution Control Board (“PPCB”) to jointly visit the site to verify the claims of environmental law violations. They were instructed to take remedial, preventive and other necessary actions within 1 (one) month if any violations were found.

 

NGT directs Himachal Pradesh to improve sanitation and environmental management for Manimahesh Yatra

NGT in President (Shiv Nuala Committee) vs. State of Himachal Pradesh[7] directed the State of Himachal Pradesh to take steps for improving the sanitation and environmental management for Manimahesh yatra. The order was passed in a suo motu application registered based on a letter from the President of the Shiv Nuala Committee, highlighting the environmental issues caused by the influx of pilgrims during the Manimahesh Yatra in Chamba, Himachal Pradesh. The letter pointed out the lack of adequate toilet facilities, unregulated commercial activities, and the resultant environmental damage. NGT constituted a joint committee comprising the District Magistrate, Chamba, the Himachal Pradesh State Pollution Control Board and the Divisional Forest Officer, Chamba, to investigate the issues raised in the application. The report filed by the joint committee revealed that the existing 204 (two hundred and four) temporary toilets were insufficient for the approximately 6,00,000 (six lakh) pilgrims. It also noted the presence of commercial activities along the yatra route without proper permissions, contributing to the environmental degradation. The report further noted the need for better waste management practices and the regulation of commercial activities to protect the eco-sensitive zone. NGT directed the State of Himachal Pradesh to implement the recommendations of the joint committee. These include increasing the number of toilets, enforcing waste segregation at source and regulating commercial activities through a transparent process. NGT also emphasised the need for an annual assessment of the carrying capacity of the trek route and the implementation of an online registration system for pilgrims. The Chief Secretary of Himachal Pradesh was instructed to ensure compliance with these recommendations and submit a report.

 

NGT seeks response from authorities on news article claiming presence of heavy metals in PM 2.5 in East Delhi

NGT in a suo motu application titled ‘Heavy metals in PM 2.5 New Study reveals air quality concerns in East Delhi’[8] has sought response from authorities on article claiming the presence of heavy metals in PM 2.5 in East Delhi. The application was registered based on newspaper article about a study conducted by the Indian Institute of Technology, Delhi revealing severe heavy metal pollution in East Delhi’s air, raising significant health concerns. As per the news item, the study detected alarming levels of heavy metals such as lead, cadmium and nickel in the air. In East Delhi district, chromium, copper, zinc, molybdenum and lead were the major heavy metals found in PM2.5. The news item states that the study formulated the heavy metal exposure index in East Delhi (part of a mega city), Jaisalmer (desert), Ludhiana (industrial city), Visakhapatnam (coastal), Panchkula and Patiala. The news item claims that the primary sources of these pollutants include industrial emissions, vehicular exhaust and construction activities. Furthermore, the presence of heavy metals poses serious health risks, particularly to vulnerable populations such as children and the elderly. NGT impleaded the Delhi Pollution Control Committee, PPCB, Central Pollution Control Board (“CPCB”), MoEF, District Magistrate, East Delhi and District Magistrate, Ludhiana and directed them to file responses to the issues raised in the article.

 

NGT proposes action against officials responsible for making false statements in respect of concretisation of trees in Noida

NGT in Vikrant Tongad vs. State of Uttar Pradesh[9] addressed the issue of continued concretisation around trees in Noida. The applicant argued that despite previous orders, the Noida Authority had not removed the concretisation and had made false statements to the NGT to obtain favorable orders. NGT considered the photographs presented by the applicant, showing ongoing concretisation around trees in various locations such as Noida Golf Course, Hosiery Complex Phase-II and certain sectors of Noida. NGT noted that the Noida Authority had indeed made false statements in their replies, which were misleading and resulted in the rejection of the applicant’s stay application. NGT directed the Chief Executive Officer of Noida and the Deputy General Manager (Work Circle) of Noida, who signed the misleading reply, to appear personally before it to explain why they should not be prosecuted for making false statements and misrepresentation. NGT emphasised the seriousness of the issue, highlighting that the false statements had led to judicial orders being obtained under false pretence.

 

NGT orders investigation into pollution by pyrolysis industry in Andhra Pradesh

NGT in Thota Surya Prakash Reddy vs. State of Andhra Pradesh[10] took suo motu cognisance of a letter petition highlighting severe pollution caused by Sri Raghvendra Swamy Pyrolysis Industry in Akuledu village, Ananthapuramu District, Andhra Pradesh. The petitioner reported that the industry was emitting poisonous gases and foul smells, leading to respiratory problems, eye irritation and other health issues among local residents. NGT formed a joint committee comprising the Andhra Pradesh Pollution Control Board and the District Magistrate of Ananthapuramu to verify the claims and gather factual data. NGT directed the said joint committee to visit the site, collect relevant information and submit a factual report to the Registrar of the Southern Zone Bench of the NGT within 2 (two) months.

 

NGT seeks report on illegal tree felling for solar plant in Rajasthan

NGT in Ganeshdan Beetu vs. State of Rajasthan[11] took suo motu cognisance of a letter petition alleging that Ayana Renewable Power Private Limited was cutting down khejri trees illegally at night and selling the wood to nearby factories. NGT noted that similar issues had been addressed in previous cases, where illegal tree felling by solar companies in Rajasthan was found to be a significant environmental concern. NGT had previously directed the planting of ten times the number of trees cut and imposed fines on the violators. In this case, the NGT constituted a joint committee comprising the District Magistrate of Bikaner, the Rajasthan State Pollution Control Board, a representative from the Central Arid Zone Research Institute and the Principal Chief Conservator of Forests, Rajasthan, to investigate the matter.

 

NGT seeks response on application alleging notification of e-tender for riverbed sand mining without district survey report

NGT in Yadram Singh vs. District Magistrate, Hamirpur and Ors.[12] has sought response from the District Magistrate, Hamirpur, on an application challenging the notification of e-tender for riverbed sand mining for various sites in Hamirpur, Uttar Pradesh. The applicant alleged that e-tenders are issued in absence of District Survey Report (“DSR”) in Hamirpur district. The applicant claims that the DSR prepared in 2017 expired in 2022 and during the validity of the DSR an amendment was made in February 2019 which also expired in February 2024. Subsequently, no DSR has been prepared for district Hamirpur. NGT directed the state authorities to respond to the allegations raised by the application.

 

NGT seeks response on application challenging the approval of DSR of districts Banda, Basti and Shamli by Uttar Pradesh SEIAA without conducting replenishment study

NGT in Yadram Sing vs. SEIAA, UP and Ors.[13] has directed the State authorities to respond to the allegations raised in the application challenging the approval of DSRs of districts Bandi, Basti and Shamli by Uttar Pradesh SEIAA. The applicant alleges that the DSRs have been approved without conducting any replenishment study and the study mentioned in the DSR has been undertaken mechanically without conducting any study. NGT issued notice to the State respondents and directed them to file responses on the allegations raised in the application.

 

NGT seeks response of State authorities in Haryana on allegations regarding sale of Aravalli Forest for mining

NGT registered a suo motu case based on news item titled “Notified Aravalli forest portion sold for mining”[14] published in the Times of India on September 15, 2024. The news report alleged that 506 (five hundred and six) acres of the Aravalli tract in Rajawas village, Mahendergarh, Haryana was declared as ‘protected forest’ under the Forest (Conservation) Act, 1980 (“FCA”) on July 20, 2023. This designation was part of a compensatory afforestation effort intended to offset environmental damage from a major infrastructure project in Great Nicobar, which had resulted in the loss of a million trees. However, on the same day, 119.5 (one hundred and nineteen point five) acres of this land was auctioned for mining and a company was awarded a 10 (ten) year lease to quarry stones and operate stone crushers. The article alleged that the mining department is unaware of the notification of the land as a protected forest, while forest officials confirmed that a no objection certificate has not been issued for mining in the protected area. NGT impleaded the Inspector General of Forest, MoEF, and the Principal Chief Conservator of Forests, Haryana, Haryana State Pollution Control Board, CPCB and District Magistrate, Mahendergarh for filing their responses on the claims made in the article.

 

Regulatory updates

The Securities and Exchange Board of India issues consultation paper on “Proposals for Ease of Doing Business by Environment, Social and Governance Rating Providers”

The Securities and Exchange Board of India (“SEBI”) issued a consultation paper, dated October 31, 2024, aimed at enhancing the operational framework for Environment, Social and Governance (“ESG”) Rating Providers (“ERPs”). The paper proposes a subscriber-pays model to improve the functioning and transparency of ESG ratings. Key recommendations include allowing ERPs to share ESG rating reports simultaneously with both rated companies and subscribers, as long as no non-public information influences the ratings. Additionally, the paper suggests that rated entities or their affiliates should not subscribe to their own ratings to maintain impartiality.

The following consultations are open for public comment from SEBI:

1. Consultation 1: Requirement of sharing draft ESG rating report with the issuer in case of ERPs following a subscriber – pays model.
2. Consultation 2: Dealing with appeal and representation by the rated issuer in case of ERPs following a subscriber-pays model.
3. Consultation 3: Dispensing with the requirement to disclose the ESG ratings to the stock exchange(s) where the issuer or the security is listed, in case of ERPs following a subscriber-pays model.
4. Consultation 4: Specifying activity-based regulation for ERPs.

 

International Financial Services Centre Authority issues circular on framework for ESG ratings and data products providers in the Internal Financial Services Centre

The International Financial Services Centre Authority (“IFSCA”) issued a circular dated October 30, 2024 outlining the framework for entities wishing to operate as ESG Ratings and Data Products Providers (“ERDPP”) within the International Financial Services Centre (“IFSC”). The circular emphasises the growing global importance of ESG ratings due to increasing investor demand for transparency and accountability, as well as various international regulatory requirements for ESG disclosures. It prescribes the approach for registration, outlining eligibility criteria, obligations, permissible activities and compliance requirements for entities wishing to provide ESG related services.

Key components of the circular include definitions of ESG ratings and data products, the registration process and ongoing compliance obligations. Entities must maintain a minimum net worth, appoint qualified personnel and adhere to a code of conduct focusing on governance, transparency and conflict management. The circular also stipulates requirements for annual audits, grievance redressal and the maintenance of operational integrity. It emphasises that registered ERDPP must ensure their activities are distinctly segregated from other services to avoid conflicts of interest and uphold the integrity of ESG assessments.

 

MoEF notifies the Biological Diversity Rules, 2024

MoEF, vide notification dated October 26, 2024, notified the Biological Diversity Rules, 2024 in supersession of the Biological Diversity Rules, 2004. The rules prescribe the manner of selection and appointment, term of office, pay and allowances of Chairperson and other members of the National Biodiversity Authority. It provides the procedure to be followed for access to biological resources and knowledge associated to it, sharing and transfer of research results to foreign entities, grant of intellectual property rights, obtaining certificate of origin for cultivated medicinal plants, conducting non-commercial research or research for emergency purposes outside India by Indian researcher or institution. It also provides the procedure to be followed by the adjudicating officer for inquiry into any compliant of non-compliance against any entity.

 

CAQM issues order on use of diesel generator sets during melas, outdoor exhibitions/processions and in community centres/banquet halls

CAQM issued order dated October 21, 2024 on use of polluting Diesel Generator sets (“DG sets”) during melas, outdoor exhibitions/processions and in community centres/banquet halls. The order is issued in view of the representations from resident welfare associations reporting rampant use of non-compliant DG sets by organisers of outdoor melas, exhibitions, community centres etc. The order clarifies that the use of DG sets falls within the purview its Direction No. 76 dated September 29, 2023, and should mandatorily be complied with by the organisers of such melas, exhibitions, processions, community centres, marriage halls etc. including outsourced DG sets by such agencies across the NCR.

 

Central Consumer Protection Authority issues the Guidelines for Prevention and Regulation of Greenwashing or Misleading Environmental Claims, 2024

The Central Consumer Protection Authority, vide circular dated October 15, 2024, issued the Guidelines for Prevention and Regulation of Greenwashing or Misleading Environmental Claims, 2024. The guidelines are issued to address the issue of greenwashing in environmental claims made in marketing and advertisement of products. The guidelines define ‘green washing’ as any deceptive or misleading practice including concealing, omitting or hiding relevant information, by exaggerating, making vague, false or unsubstantiated environmental claims. It also includes the use of misleading words, symbols or imagery, placing emphasis on positive environmental aspects while downplaying or concealing harmful attributes. The guidelines apply to all environmental claims made by a manufacturer, service provider or trader whose goods, product or service is the subject of an advertisement. For a detailed analysis, please refer to the

For a detailed analysis, please refer to the JSA Prism of October 29, 2024.

 

Bureau of Energy Efficiency publishes list of approved sectors in offset mechanism under Carbon Capture and Trading Scheme by Central Government

On October 15, 2024, the Bureau of Energy Efficiency (“BEE”) published an office memorandum  dated September 20, 2024 which includes a list of approved sectors for India’s Carbon Capture and Trading System (“CCTS”). This marks a significant advancement in the country’s climate action strategy. Key sectors included in this initiative are energy, manufacturing, agriculture, waste management, and transport, all vital for reducing carbon emissions and promoting sustainable development.

In the initial phase of the CCTS, emphasis will be placed on sectors such as energy, chemical manufacturing, waste management and agriculture, utilising innovative technologies like green hydrogen production, biochar, landfill gas capture, and afforestation. The second phase will broaden the scope to incorporate additional sectors, including construction, fugitive emissions, and carbon capture, utilisation, and storage. Specific technologies approved in this phase include energy efficiency improvements, green ammonia usage, systematic rice intensification, and electric vehicles (“EVs”), reflecting a comprehensive approach to tackling emissions across various industries.

 

CAQM issues direction for implementation of plans of action for prevention and control of paddy stubble burning

CAQM, issued direction dated October 10, 2024, on implementation of plans of action for prevention and control of paddy stubble burning. It noted that despite targeted elimination of fire counts during 2024, a total of 267 (two hundred and sixty-seven) and 187 (one hundred and eighty-seven) paddy residue burning events were reported between September 15, 2024 and October 9, 2024 from the States of Punjab and Haryana respectively. It also notes that CAQM has called for entrusting responsibility and accountability on the nodal officers for various villages/blocks and supervisory officers. It authorises Deputy Commissioners/ District Collectors / District Magistrates in the States of Punjab, Haryana, NCR areas of Rajasthan and Uttar Pradesh and in the NCR to file compliant/prosecution before jurisdictional judicial magistrates, in case of inaction in respect of officials, including nodal officers and supervisory officers at various levels and station house officers, responsible for effective enforcement towards ensuring elimination of paddy stubble burning in their respective jurisdiction.

 

Ministry of Heavy Industries launches PM E-DRIVE Scheme

The Ministry of Heavy Industries, on October 9, 2024 launched the PM Electric Drive Revolution in Innovative Vehicle Enhancement (“PM E-DRIVE”) scheme, with a financial outlay of INR 10,900 crore (Indian Rupees ten thousand nine hundred crore), effective from October 1, 2024, until March 31, 2026. The PM E-DRIVE scheme aims to accelerate the adoption of EVs in India by providing incentives for EV purchases, enhancing charging infrastructure, and promoting a robust domestic EV manufacturing ecosystem. It focuses on mass mobility, supporting public transportation systems and reducing transportation-related environmental impacts all aligned with the Aatmanirbhar Bharat initiative.

Key components of the PM E-DRIVE scheme include demand incentives for electric 2 (two)-wheelers, 3 (three)-wheelers, e-ambulances, e-trucks and e-buses, alongside significant funding for establishing charging infrastructure and upgrading testing facilities. The initiative emphasises advanced battery technology for eligibility and sets specific targets for the number of vehicles incentivised. Additionally, the scheme plans to deploy e-vouchers for customers to streamline the incentive process, further encouraging the transition to electric mobility. Overall, this initiative is positioned to enhance sustainable transportation, improve air quality, and generate employment opportunities within the EV sector in India.

 

Ministry of New and Renewable Energy issues guidelines for implementation of component ‘Innovative Projects’ under PM-Surya Ghar: Muft Bijli Yojana

The Ministry of New and Renewable Energy (“MNRE”), on October 8, 2024, released the operational guidelines for implementation of component ‘innovative projects’ under the PM-Surya Ghar – Muft Bijli Yojana. The Government of India approved the PM Surya Ghar: Muft Bijli Yojana on February 29, 2024, to enhance solar rooftop capacity and empower residential households to generate their own electricity. The scheme is set to run until the financial year 2026-27, following administrative approval on March 16, 2024. These guidelines pertain to the ‘Innovative Projects Component’ of the scheme, aimed at showcasing and demonstrating innovative solar technologies and integration techniques to promote industry advancement.

The Innovative Projects Component aims to identify and fund innovations in rooftop solar business models and technical deployments; support startups and institutions in conducting collaborative pilots and scaling new business models to generate innovative rooftop solar technologies; facilitate new deployment pathways for distributed renewable energy and create management tools for distribution companies to manage distributed energy resources, incorporate cutting-edge technology in practical rooftop solar applications. A budget of INR 500,00,00,000 (Indian Rupees five hundred crore) is designated for the Innovative Projects Component. Potential projects include blockchain-based peer-to-peer rooftop solar, digital solutions, smart building materials, and grid-responsive rooftop solar with battery storage.

 

MoEF issues the Draft Liquid Waste Management Rules, 2024 for public consultation

MoEF, vide notification dated October 7, 2024, issued the Draft Liquid Waste Management Rules, 2024 for public consultation. The draft rules are proposed to be applicable from October 1, 2025, and will be applicable on every urban body, rural local body and all public authorities and entities responsible for generation and management of wastewater, sludge from wastewater treatment facilities and fecal sludge including all entities within their jurisdiction whether controlled and managed by the government, private sector or in public private partnership. ‘Liquid waste’ has been defined as any liquid/wastewater and associated sludge, including fecal sludge, which is discharged into the environment in such a volume, composition and manner likely to cause an alteration of quality of the environment. The proposed rules provide that every wastewater generator is required to dispose of wastewater generated in drainage systems provided by local body. It is also required not to dispose of wastewater generated on open land or in water body in a manner to adversely affect environmental quality.

 

SEBI extends timeline for submission of annual disclosures, impact report by social enterprises

On October 7, 2023, SEBI extended the deadline for social enterprises registered with the social stock exchange to submit their annual disclosures and impact reports for the financial year 2023-24. The new deadline is January 31, 2025, moving from the previous date of October 31, 2024.

SEBI’s circular states that these reports must comply with regulation 91C (1) for annual disclosures and regulation 91E(1) for annual impact reports under the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015. The reports will cover governance, financial aspects and the social impact generated by the enterprises.

 

BEE issues draft guidelines for installation and operation of battery swapping and battery charging stations for public consultation

BEE on October 7, 2024, issued the draft guidelines for installation and operation of battery swapping and battery charging stations. These guidelines aim to promote battery swapping as a viable alternative for EV power and encourage a ‘battery as a service’ model, where users can lease batteries instead of purchasing them outright. They apply to providers of swappable batteries and operators of Battery Charging Stations (“BCS”) and Battery Swapping Stations (“BSS”), outlining essential definitions and requirements for establishing these facilities in accordance with existing regulations.

Key proposals in the draft include the promotion of charging and swapping infrastructure through government incentives, such as subsidised land rates and financial support for electricity usage at stations. The guidelines also specify tariff structures, requiring BCS and BSS to maintain separate meters for electricity consumption and adhere to pricing regulations. Additionally, BEE will create a national database of all charging and swapping stations, while a central nodal agency will oversee implementation. The guidelines aim to ensure a well-coordinated rollout of EV infrastructure, integrating renewable energy sources and encouraging open communication standards for data sharing among operators.

 

BEE publishes the Energy Conservation and Sustainable Building Code

BEE in October 2024 published the ‘Eco Niwas Samhita (“ENS”) – Energy Conservation and Sustainable Building Code (Residential)’, September, 2024 to provide norms and standards for energy efficiency and its conservation, use of renewable energy and other green building requirements for a building. These standards aim to minimise heat gains in cooling-dominated climates and reduce heat loss in heating-dominated climates, while also promoting sufficient natural ventilation and daylighting. Lodging & rooming houses, dormitories, hotels and resorts have been excluded from the definition of ‘residential buildings’ under the code. The code also applies to alterations made to existing residential buildings that exceed the prescribed threshold, where only the altered parts need to comply with specific requirements. The code outlines 3 (three) levels of energy conservation and sustainability: (a) ENS compliance requires adherence to mandatory requirements; (b) ENS+ compliance involves meeting those requirements and earning additional points; and (c) super ENS compliance necessitates both adherence and achieving a higher number of points across the code’s sections.

 

This Prism has been prepared by:

Amit Kapur Joint Managing Partner

Nawneet Vibhaw Partner

Prannoy Joe Sebastian Senior Associate

Komal Karnik Associate

 

For more details, please contact [email protected].

 

[1] C.A. Diary No. 45810 of 2024. Order dated October 23, 2024.

[2] W.P. (C) No. 13029 of 2024. Orders dated October 3, 2024, October 16, 2024, and October 18, 2024.

[3] W.P. (C) No. 202 of 1995. Order dated October 16, 2024.

[4] CW No. 16799 of 2024. Order dated October 24, 2024.

[5] O.A. No. 370 of 2024. Judgement dated October 22, 2024.

[6] O.A. No. 989 of 2024. Order dated October 21, 2024.

[7] O.A. No. 689 of 2024. Order dated October 18, 2024.

[8] O.A. No. 1233 of 2024. Order dated October 16, 2024.

[9] O.A. No. 363 of 2022. Order dated October 17, 2024

[10] O.A. No. 984 of 2024. Order dated October 16, 2024.

[11] O.A. No. 834 of 2024. Order dated October 14, 2024.

[12] O.A. No. 1215 of 2024. Order dated October 14, 2024.

[13] O.A. No. 1220 of 2024. Order dated October 14, 2024.

[14] O.A. No. 1203 of 2024. Order dated October 1, 2024.

 

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Supreme Court judgements/orders

The Supreme Court of India sets aside the judgement by National Green Tribunal directing closure of Garbage Processing Plant operated in Pune and shifting it to an alternate location

The Supreme Court of India (“Supreme Court”) in Pune Municipal Corporation vs. Sus Road Baner Vikar Manch and Ors[1] set aside and quashed the judgement of National Green Tribunal (“NGT”) in Original Application (“OA”) No. 210 of 2020. The applicant in the OA had approached the NGT praying for restraining the operation of Garbage Processing Plant (“GPP”) on the ground that it was established without following the procedure prescribed by law. NGT disposed of the OA based on a report submitted by a joint committee constituted to inspect the GPP. The NGT observed that GPP was in violation of the applicable statutory norms and infringed the right to clean environment of the inhabitants. It directed the closure of GPP and directed that the site should be used to develop a bio-diversity park in terms of its original designation. The concessionaire of the GPP challenged the decision of NGT before the Supreme Court. While setting aside the judgement of the NGT, the Supreme Court observed that closing GPP would be detrimental to the public interest as the organic waste generated in the western part of the city will have to be carried through the city to the eastern side of Pune. It further held that the finding of NGT that the plot where the GPP is constructed was reserved for bio-diversity park is erroneous. The Supreme Court held that the NGT has erred in allowing the OA and directing the closure of the GPP. The Supreme Court also directed the State Government to consider the possibility of growing Miyawaki forests in the bio-diversity park to provide green lungs to the nearby areas.

 

Supreme Court holds that head of government department will be held responsible for failure of government department to comply with the order of the NGT

The Supreme Court in Katiya Haidarali Ahmadbhai and Ors vs. Sanjeev Kumar IAS and Ors[2] held that the head of the government department will be deemed guilty for failure of the department to comply with the order passed by the NGT. The Supreme Court passed the order while considering an appeal arising out of the order passed by the NGT. NGT in its order held that it could not consider an execution application filed against the officers of the government department because they were not impleaded in their personal capacity in the Original Application. The appellant challenged the order of the NGT on the ground that by legal fiction under Section 28 (1) of the NGT Act, 2010, the head of the government department will be deemed guilty of failure and liable to be proceeded against when the government department has failed to comply with directions of the NGT. The Supreme Court observed that the NGT could not have interfered at the stage of issuing notice and should have allowed the respondents to raise all possible defenses including the defense that they were not responsible for complying with the order sought to be implemented in the execution application. The Supreme Court set aside the order passed by the NGT while clarifying that all the respondents are free to raise all defenses before the NGT.

 

Supreme Court warns project proponents/applicants of contempt proceedings for failure to comply with the conditions imposed while obtaining permission for felling of trees

The Supreme Court in the case of M.C. Mehta vs. Union of India and Ors[3], has warned the project proponents/applicants which sought permission for tree felling of contempt proceedings in case of failure to comply with the conditions of the tree felling permissions granted by the Supreme Court. The Supreme Court issued the order while considering a report filed by the Central Empowered Committee (“CEC”) wherein it listed the compliance status of conditions imposed in tree felling permissions granted by Supreme Court in 15 (fifteen) cases. The Supreme Court issued notice to these project proponents to file affidavits providing the details of the compliance of the conditions imposed while permitting the felling of trees. It also stated that action under the Contempt of Courts Act, 1971 will be initiated against the concerned parties if full compliance is not reported.

 

Supreme Court appoints National Environmental Engineering Research Institute to define and clarify the meaning of ‘non-polluting industries’

The Supreme Court in M.C. Mehta vs. Union of India and Ors (In Re: Taj Trapezium Zone)[4] appointed National Environmental Engineering Research Institute (“NEERI”) to define and clarify the meaning of ‘non-polluting industries’. NEERI is directed to consult experts from the Energy and Wetlands Research Group, Centre for Urban Science and Engineering, Environmental Science and Engineering Department, IIT Bombay, Environment Safeguards Specialist, IIT Bombay, Department of Community Medicine and School of Public Health, Post Graduate Institute of Medical Education and Research while undertaking the task. It is also directed to include all the stakeholders before undertaking the exercise and submit a report by October 3, 2024.

 

High Court judgements/orders

Delhi High Court issues notice to Commissioner, Municipal Corporation of Delhi, Deputy Conservator of Forest, North and Principal Secretary, Public Works Department for initiating contempt proceedings for violation of directions to de-concretise and revive trees

The Delhi High Court (“Delhi HC”), in Bhavreen Kandhari vs. Shri C.D. Singh and Ors[5], has issued notice for initiating contempt proceedings against the Municipal Corporation of Delhi, Deputy Conservator of Forest, North for their failure to comply with its earlier directions to take steps for de-concretisation of trees. The Delhi HC observed that in its earlier order dated February 14, 2022, it had noted that 3909 (three thousand nine hundred and nine) trees were under the jurisdiction of South Delhi Municipal Corporation. It also noted that 50 (fifty) trees had dried due to concretisation of earth around the tree trunks and needed to be revived. The Delhi HC observed that despite passage of two and a half years, no steps are taken on ground for de-concretisation of trees and compliance of the order. It also noted that vide order dated October 17, 2023, the Delhi HC had directed the Public Works Department to ensure that all the trees in the District Courts of Delhi and Delhi HC are de-concretised within 48 (forty eight) hours. It noted that despite the passage of almost a year, the trees in Delhi HC have not been de-concretised. In view of the observations made by the Delhi HC, it issued notice for initiating contempt proceeding against the Principal Secretary, Public Works Department.

 

Kerala High Court restrains Kerala Government from transferring captive elephants into the State due to ‘pathetic’ condition of captive elephants within the State

The Kerala High Court (“Kerala HC”) in Walking Eye Foundation for Animal Advocacy vs. Union of India[6] has restrained the State of Kerala and the Chief Wildlife Warden from issuing any order under Captive Elephant (Transfer or Transport) Rules, 2024 permitting the transfer of any elephant from outside the State into the State of Kerala. The Kerala HC passed the interim order based on the observations made in another case titled In Re Captive Elephants vs. Union of India[7] wherein it noted that the condition of captive elephants in State of Kerala is far from satisfactory and can be even termed ‘pathetic’. It further noted that between 2018 and 2024, 154 (one hundred and fifty-four) elephants have died in captivity within the State due to ill treatment and lack of proper care.  In view of such observations, the Kerala HC passed the interim order.

 

National Green Tribunal judgements/orders

NGT issues notice in plea seeking implementation of star rating mechanism for passenger vehicles based on fuel efficiency and carbon dioxide emissions

The NGT in Tsunami on roads through Dr. Sanjay Kulshresthra vs. Ministry of Road, Transport and Highways and Ors[8] directed the Ministry of Heavy Industries and Public Enterprises, Ministry of Road Transport and Highways, Ministry of Environment, Forest and Climate Change (“MoEF”), Ministry of Power to file responses to a plea seeking implementation of star rating system for all passenger vehicles based on fuel efficiency and carbon dioxide emissions.  The application claims that such star rating systems of vehicles have already been introduced in most of the developed countries including Thailand, Vietnam and Singapore. The application further claims that vehicular pollution is the most important contributor in air pollution as it is responsible for 40% of such air pollution.

 

NGT directs Central Pollution Control Board to submit report on incomplete combustion in vehicles leading to air pollution

The NGT in sou motu case titled How partial combustion fuels your bad air woes[9], directed the Central Pollution Control Board (“CPCB”) to file a report on the issue of incomplete combustion in the vehicles leading to air pollution. The case was registered suo motu based on a news article referring to a study claiming that incomplete combustion of various fuels in vehicles contributed significantly to poor air quality. The study found that older, poorly maintained vehicles and ones lying idle can cause incomplete combustion, leading to greater air pollution. The NGT issued the direction upon consideration of CPCB’s previous report and noting that it did not address the main issue of incomplete combustion in the vehicles.

 

NGT takes suo motu cognizance of a news article claiming that the forest department in Pune is struggling to reclaim 14,000 (fourteen thousand) hectares of land

The NGT has taken suo motu cognizance of a news article titled ‘Forest Dept. struggling to regain 14,000 hectares of land in Pune’[10] published in Hindustan Times dated August 28, 2024. The article claims that the Pune Forest Department is facing challenges in reclaiming land which is being held by the Revenue Department. The article claims that the earlier state policies resulted in large scale transfers of forest land while negligence resulted in encroachment over time. It claims that now the Forest Department is struggling to regain its land and prevent it from future encroachment. The article explains that the issue has historical roots, dating back to the British era, when the forest and defence departments owned majority of the land. Subsequently, the Indian government in 1978 ordered the Forest Department to transfer some land to the Revenue Department for administration, town planning and agriculture. However, due to incomplete documentation during subsequent land transfers, some portions of the forest land were encroached upon and over time both the Forest Department as well as the Revenue Department neglected the land. The NGT noted that the issue indicates violation of provisions of the Forest (Conservation) Act, 1980 and Environment (Protection) Act, 1986 and impleaded the Principal Chief Conservator of Forest, Maharashtra, MoEF and District Magistrate, Pune to file their responses.

 

NGT disposes of application alleging illegal excavation of sand from rivers Khari and Mansi in Rajasthan based on inspection report

The NGT has disposed of an application titled Bhanwar Lal Gurjar vs. State of Rajasthan and Ors[11] alleging that illegal excavation of bajri sand was being undertaken in violation of environmental rules resulting in demolition of open wells, irrigation pipelines, standing crops, full grown trees and causing huge financial losses to villagers and residents of Shahpura. While disposing of the case, the NGT considered the observation made by the committee constituted by the NGT. The NGT noted the observations of the State Pollution Control Board (“SPCB”) and the committee stating that no mining activity relating to bajri sand was observed in the river bed area and there is no violation based on the production report received from the mining department. It further noted that machinery is being used for excavation of bajri and as per the visual observation of active working and old working, mining had not been done beyond the permissible depth. The NGT disposed of the application based on the observations that no violation has been reported.

 

NGT issues notice in plea challenging implementation of in situ slum redevelopment and rehabilitation by Delhi Development Authority in Southern Central Ridge in Delhi

The NGT issued notice in an application titled Society for Protection of Culture, Heritage, Environment, Traditions and Promotion of National Awareness vs. Union of India and Ors[12] The applicant claimed that the slum redevelopment was being undertaken in violation of Aravalli Notification of 1992 which bars construction of buildings and roads, electrification and felling of trees in ‘gair mumkin pahar’ land. The applicant claims that an area of 692 (six hundred and ninety-two) acres located northwest of Vasant Vihar in Kusumpur Pahadi is notified as protected forest by Delhi government and no non-forest activity is permissible in that area. The applicant also claims that the in situ slum rehabilitation scheme of Kusumpur Pahadi for development of 2,800 (two thousand eight hundred) dwelling units is impermissible under law. The NGT observed that the allegations raised substantial issues related to compliance of environmental norms and implementation of the provisions of the scheduled enactment and directed the MoEF and other respondents to file their responses.

 

NGT restricts sand mining in Rayan Ramchandrapur sand source till the completion and approval of District Survey Report by State Environment Impact Assessment Authority, Odisha

The NGT in Abani Kumar Sahu vs. State of Odisha and Ors[13] has imposed environmental compensation on a mining operation for carrying out mining operations during monsoon and held that no mining operation will be undertaken until the State Environment Impact Assessment Authority (“SEIAA”), Odisha approves District Survey Report (“DSR”). The NGT was considering an application alleging illegal sand mining in Rayan Ramchandrapur sand source in Jaleswar, Balasore, Odisha. The NGT observed that the environmental clearance for sand mining was granted without a valid DSR and was therefore illegal. It further noted that SEIAA, Odisha was entirely at fault for acting in gross ignorance and violation of the Sand Management Guidelines of 2016 and 2020 by granting environmental clearance for sand mining in absence of DSR. The project proponent was held liable for payment of environmental compensation for undertaking mining during the monsoon season. The NGT directed SEIAA, Odisha to compute environmental compensation payable by the project proponent.

 

Regulatory updates

MoEF notifies the Ecomark Rules, 2024

MoEF, vide notification dated September 26, 2024, notified the Ecomark Rules, 2024 prescribing the procedure for grant of ecomark to products that meet specified environmental criteria. The eligibility criteria for grant of ecomark include certificate of conformity to Indian standards under the Bureau of Indian Standards Act, 2016, environmental impacts, use of natural resources, disposal of product and its packaging, compliance with extended producer responsibility, suitability for recycling etc. The products which are covered for consideration of ecomark include architectural paints and powder coating, cosmetics, batteries, lubrication oils, soaps and detergents, paper, food items etc. which can obtain ecomark from CPCB through the online portal established by CPCB.

 

India signs the Biodiversity Beyond National Jurisdiction agreement

The Minister of External Affairs of India, on September 25, 2024, signed the Biodiversity Beyond National Jurisdiction (“BBNJ”) agreement or the ‘Treaty of the High Seas’. The goal of the BBNJ agreement is to protect marine life and biodiversity in areas of the ocean where no country is the owner. As per the agreement, nations cannot claim sovereign rights over marine resources on the high seas.

The treaty aims to address the growing concerns over the long-term protection of marine biodiversity in the high seas. It sets precise mechanisms for the sustainable use of marine biological diversity through international cooperation and coordination for ensuring equitable sharing of benefits from those resources.

 

The Ministry of Corporate Affairs notifies the Companies (Accounts) Amendment Rules, 2024

The Ministry of Corporate Affairs (“MCA”), vide notification dated September 24, 2024, issued the Companies (Accounts) Amendment Rules, 2024. Pursuant to this amendment, companies are required to file form CSR-2 for the financial year 2023-24 by December 31, 2024.  The CSR-2 return must be filed separately from the form AOC-4, which is the annual return due within 30 (thirty) days from the company’s annual general meeting. Previously, for FY 2022-23, companies were allowed to submit their CSR-2 returns by March 31, 2024.

Form CSR-2, requires companies to provide detailed information about their Corporate Social Responsibility (“CSR”) initiatives, including projects undertaken, CSR committees, expenditures, and unspent funds. The revised timelines will promote greater transparency and accuracy, requiring companies to maintain distinct records for AOC-4 and CSR-2 filings.

 

International Financial Services Centre Authority issues circular on trading and settlement of Sovereign Green Bonds

The International Financial Services Centre Authority (“IFSCA”) issued a circular dated September 24, 2024 on trading and settlement of Sovereign Green Bonds (“SGB”) in International Financial Services Centre (“IFSC”). The Reserve Bank of India (“RBI”) on August 29, 2024, introduced a scheme for trading and settlement of SGBs in IFSC with the intent of facilitating wider non-resident participation in SGBs. This initiative of RBI seeks to boost non-resident investor participation, channelling global capital into India’s green infrastructure projects.

The circular issued by IFSCA gives details on procedures for both primary and secondary market participation, specifying investor eligibility, the use of over the counter markets and USD based transaction settlements. Additionally, the circular enforces compliance with know your customer regulations, anti-money laundering protocols, tax withholding requirements along with incorporating provisions for transaction reporting and transparency. IFSCA has issued this circular with a goal to streamline trading and settlement processes, fostering green finance while aligning with global compliance standards.

 

CPCB issues guidelines for one-time financial support for establishing recycling plants and machinery for abandoned, lost and discarded fishing gears and high littering plastic wastes in coastal areas

CPCB on September 21, 2024 issued the guidelines for one time financial support for establishing recycling plants and machinery for abandoned, lost and discarded fishing gears and high littering plastic wastes in coastal areas. The guidelines were issued with the objective of reducing plastic waste and abandoned, lost and discarded fishing gears littering in the 12 (twelve) blue flag certified beaches in the country by establishing plastic recycling facilities and encouraging channelisation of plastic waste from collection to recycling. It also aims at reducing the use of virgin plastics, encouraging and promoting a circular economy. The eligibility criteria for obtaining the financial support are that the unit should have a valid consent to establish from the concerned SPCB for establishing the plastic waste recycling unit. Further the units should be located beyond the coastal regulation zone and compliant under the applicable local bylaws. The unit should have land possession for a minimum of 10 (ten) years.

 

MoEF amends the provisions for raising compensatory afforestation under the Van (Sanrakshan Evam Samvardhan) Rules, 2023

MoEF, vide notification dated September 20, 2023,  amended  the Van (Sanrakshan Evam Samvardhan) Rules, 2023. The amendments substitute the provisions in respect of raising compensatory afforestation. The amended rules provide that in exceptional circumstances, when the land suitable for compensatory afforestation is not available, the compensatory afforestation may be considered on degraded forest land which is twice the area of the land proposed to be diverted by the Central Government agencies, Central Public Sector Undertakings and State Public Sector Undertakings.

 

Commission for Air Quality Monitoring in National Capital Region and adjoining areas amends the Graded Response Action Plan for addressing air pollution in National Capital Region

Commission for Air Quality Monitoring in National Capital Region and adjoining areas (“CAQM”) on September 19, 2024, amended the Graded Response Action Plan (“GRAP”). The CAQM issued  Direction No. 83 dated September 19, 2024 to amend the existing GRAP schedule.  The direction provides that the GRAP will be invoked in advance of the Air Quality Index (“AQI”) reaching projected levels. The restrictive actions undertaken in terms of the previous stages will continue in addition to the later air pollution stage under which the restrictive actions are envisaged to be taken. Among the various stage wise restrictions, the direction also provides the citizen charter for steps to be taken by the citizen during each stage.

 

India and European Union strengthen partnership for sustainable water management at 6^th European Union-India Water Forum

India and European Union (“EU”) have agreed to deepen their cooperation in sustainable water management during the 6^th EU-India Water Forum, held alongside the 8^th India Water Week in New Delhi between September 17 – 20, 2024. Both parties committed to advancing efforts in river basin management, promoting innovation and fostering technology transfer to address water-related challenges. They also discussed the potential for trilateral collaboration with East Africa, particularly focusing on issues affecting water bodies like Lake Victoria and Lake Tanganyika. The India-EU Water Partnership (“IEWP”), established in 2016 and currently in its third phase, aims to enhance technological and policy frameworks in water management, with joint funding for several research projects.

The forum brought together government representatives, policymakers and experts from both regions to address critical water challenges and explore innovative solutions. Officials emphasised the successful achievements of the IEWP in supporting India’s water management strategies, which align with both India’s National 2030 Agenda and the EU’s Global Gateway Strategy. This partnership also aims to contribute to the United Nations Sustainable Development Goals, particularly those related to clean water and climate action. Through collaborative efforts, the India-EU partnership seeks to promote sustainable water management practices and ensure the resilience of water resources for future generations.

 

Ministry of Power introduces revised guidelines for electric vehicle charging infrastructure

The Ministry of Power on September 17, 2024, issued the guidelines for installation and operation of Electric Vehicle (“EV”) charging infrastructure with the aim to make installation of public charging stations more financially viable by introducing a new revenue-sharing model. The guidelines apply to various EV charging locations, including private parking spaces, commercial complexes, railway stations, airports and highways. The government will provide land at subsidised rates to private operators, who will then share revenue based on electricity consumption over a 10 (ten) year period.

The aim is that by 2030, at least 1 (one) charging station should be available within every 1 km x 1 km urban grid, and stations will be positioned every 20 (twenty) km along highways for regular EVs and every 100 (one hundred) km for heavy duty vehicles. Further, the electricity cost at charging stations will not exceed the average cost of supply until March 2028, with lower tariffs during solar hours to encourage renewable energy use.

The Ministry of Power will maintain a national database of public charging stations, enabling users to locate charging points easily via mobile apps or online platforms.

 

India – United States of America agree on initiatives to strengthen global clean energy supply chains

The Strategic Clean Energy Partnership Ministerial was convened by the United State of America (“US”) Energy Secretary Jennifer Granholm and Indian Minister of Petroleum and Natural Gas Hardeep Singh Puri in Washington D.C. on September 16, 2024. US and India have committed to enhance the collaboration in clean energy supply chains to promote economic growth, job creation and climate goals. This initiative aims to leverage both countries’ manufacturing capacities for clean energy technologies, focusing on partnerships in Africa.

As a part of the initiative, US and India plan to unlock USD 1 billion (US Dollars one billion) in multilateral financing through the International Bank for Reconstruction and Development to support India’s clean energy supply chain. The initiative will prioritise investment in key clean energy components, such as solar panels, wind turbines, energy storage systems and electric vehicle parts.

Further, the roadmap includes building relationships with African nations committed to clean energy deployment, focusing on solar and battery storage projects. Both countries will consult on policies to strengthen demand certainty for locally manufactured clean technologies, building on existing initiatives like the US Bipartisan Infrastructure Law and India’s production linked incentive schemes.

This roadmap aims to drive short-term cooperation while informing a long-term strategy for sustainable clean energy development.

 

The Union Cabinet approves PM Electric Drive Revolution in Innovative Vehicle Enhancement scheme; a major push for electric mobility and sustainable transportation

On September 11, 2024, the Union Cabinet, chaired by Prime Minister Narendra Modi, has approved the PM Electric Drive Revolution in Innovative Vehicle Enhancement (“PM E-DRIVE”) scheme, with an outlay of INR 10,900 crore (Indian Rupees ten thousand nine hundred crore) over 2 (two) years. The scheme aims to promote electric mobility in India by providing subsidies and incentives worth INR 3,679 crore (Indian Rupees three thousand six hundred seventy nine crore) for EVs, including e-2 (two) wheelers, e-3 (three) wheelers, e-ambulances and e-trucks. A key feature is the introduction of e-vouchers, making the EV purchase process easier by allowing buyers to claim demand incentives digitally. Additionally, INR 500,00,00,000 (INR five hundred crore) has been allocated for the deployment of e-ambulances, INR 4,391 crore (Indian Rupees four thousand three hundred ninety-one crore) for procuring 14,028 (fourteen thousand and twenty-eight) e-buses in major cities and intercity routes.

The scheme also tackles infrastructure development by allocating INR 2,000 crore (Indian Rupees two thousand crore) for the installation of public EV charging stations, including 22,100 (twenty-two thousand one hundred) fast chargers for e-four wheelers, 1,800 (one thousand eight hundred) for e-buses and 48,400 (forty eight thousand four hundred) for e-2 (two) wheelers/3 (three) wheelers. With a dedicated INR 780,00,00,000 (Indian Rupees seven hundred eighty crore) fund for enhancing vehicle testing infrastructure, the scheme promotes domestic EV manufacturing, supports the scrapping of old vehicles and encourages the deployment of e-trucks. Overall, the PM E-DRIVE scheme is set to reduce environmental pollution, improve air quality and boost India’s EV ecosystem while creating employment opportunities and driving sustainable transportation solutions.

 

The Union Cabinet approves INR 12,261 crore (Indian Rupees twelve thousand two hundred and sixty-one crore) outlay to support hydro power projects

The Union Cabinet, chaired by Prime Minister Narendra Modi, on September 11, 2024, has approved modifications to the scheme of budgetary support for enabling infrastructure in hydroelectric projects. With a total outlay of INR 12,461 crore (Indian Rupees twelve thousand two hundred and sixty-one crore), the scheme will be implemented from FY 2024-25 to FY 2031-32. It aims to address challenges in hydro power development, such as remote locations and lack of infrastructure, by providing financial support for key infrastructure components including roads, bridges, transmission lines, ropeways, and communication systems. The revised scheme will apply to all hydro power projects exceeding 25 MW (twenty-five megawatt) capacity, including private sector and Pumped Storage Projects (“PSPs”).

The modifications are designed to accelerate the development of hydroelectric projects, especially in remote areas, by improving infrastructure and boosting local employment opportunities. The budgetary support is expected to encourage fresh investments in the hydro power sector and incentivise the timely completion of new projects. This will contribute to the generation of approximately 31,350 MW (thirty one thousand three hundred and fifty megawatt) of power and will also support a cumulative PSP capacity of around 15,000 MW (fifteen thousand megawatt).

 

CPCB issues guidelines for Environmental Compensation under Battery Waste Management Rules, 2022

CPCB, vide, circular dated on September 10, 2024 issued the guidelines for Environmental Compensation (“EC”) under the Battery Waste Management Rules, 2022. The guidelines envisage the levying of EC under 2 (two) regimes vis. EC regime 1 and EC regime 2. EC regime 1 is levied for failure to fulfil the metal wise Extended Producer Responsibility (“EPR”) target by the producers and includes costs such as cost of handling, collection, transportation of waste battery as well as the processing cost to recover metal.  EC regime 2 is applicable for non-compliance of other conditions by the producers, recyclers, refurbishers and is calculated based on the application fees of the producers, recyclers and refurbishers. The EC in case of lead acid batteries is prescribed to be INR 18 (Indian Rupees eighteen) per kilogram while in case of lithium-ion batteries, the EC cost for shortfall in recovery of various metals such as lithium, cobalt, nickel, manganese, copper, aluminium and iron are prescribed.

 

MoEF amends effluent and emission standards for Common Effluent Treatment Plants

The MoEF on September 10, 2024 amended the Environment (Protection) Rules, 1986 and updated the effluent and emission standards prescribed for Common Effluent Treatment Plants (“CETP”). The amendment prescribes the roles and responsibilities of State Governments or SPCB, CETP operating agencies and member industries of the CETP. The SPCB is obligated to carry out real time online monitoring with random physical inspection of all CETPs and associated industrial areas to check compliance with inlet quality parameters of the CETP, notified discharge standards for CETPs, occurrence of any bypass of untreated industrial effluents from the member industries or CETP or industrial area. The CETP is mandated to be managed through a special purpose vehicle or society (registered under the Societies Registration Act, 1860) or trust. Further, the CETP operating agencies are empowered to access the premises of member industries without prior notice to collect waste water samples.

 

CPCB issues guidelines for EC under E-Waste (Management) Rules, 2022

CPCB, vide circular dated September 9, 2024 issued the guidelines for EC under E-Waste (Management) Rules, 2022. The guidelines are applicable on entities involved in manufacture, sale, transfer, purchase, refurbishing, dismantling, recycling and processing of e-waste or electrical and electronic equipment listed in Schedule I of the rules. The guidelines envisage 2 (two) regimes wherein EC regime 1 covers producers which are not meeting their end product wise targets. Short fall in the end product wise targets has been considered as having an adverse impact and damage to the environment due to failure in the environmentally sound collection, transportation to recycling facility of e-waste. Under EC regime 1, the average cost of collection, transportation of e-waste and processing cost to recover end product metals are taken as parameters for deciding the EC and levied to producers for non-fulfillment of end product wise EPR target. In EC regime 2, EC is levied to any entity for non-compliances of the rules.

 

Confederation of Indian Industry launches the ‘ESG Guidebook and Ready Reckoner for Board of Directors’

The Confederation of Indian Industry (“CII”) on September 4, 2024,  launched the ‘ESG Guidebook and Ready Reckoner for Boards of Directors’ during an interactive session with board members and independent directors. Developed in partnership with PwC, the guidebook offers a practical, step-by-step reference to Environmental, Social, and Governance (“ESG”) strategies, tailored to global best practices and India-specific frameworks. Its aim is to help Indian businesses embed ESG principles into their organisational structure, processes and performance, fostering ESG transformation.

As global focus on ESG grows, regulatory bodies such as MCA and Securities and Exchange Board of India have introduced guidelines and regulations to support ESG adoption. Companies are increasingly incorporating ESG into their business strategies. To assist companies, navigate the complex landscape of ESG reporting and compliance, the guidebook provides an overview of ESG concepts, detailed insights into reporting standards and actionable steps for implementation. The ESG ready reckoner serves as a checklist to help organisations ensure compliance. With this resource, board members will be better equipped to identify risks and opportunities, align organisational goals with ESG priorities and integrate ESG as a core component of their growth strategy.

 

CPCB issues guidelines for EC under waste tyre EPR regime

CPCB, vide  notification dated September 3, 2024, issued the guidelines for EC under waste tyre extended producer responsibility regime under the Hazardous and Other Wates (Management and Transboundary Movement) Amendment Rules, 2022. The guidelines provide that under EC regime 1, EC will be levied to the producers for non-fulfillment of EPR obligations while under EC regime 2, EC shall be levied to any entity for non-compliances of the rules as per EC regime 2. The EC under EC regime 1 is calculated at INR 8.40 (Indian Rupees eight point four) per kilogram. The EC computed under EC regime 1 includes the cost of collection, cost of transportation and processing cost of per kilo gram of waste tyre. Under EC regime 2, the average registration fee is taken while prescribing the applicable EC.

 

This Prism has been prepared by:

Amit Kapur Joint Managing Partner

Nawneet Vibhaw Partner

Prannoy Joe Sebastian Senior Associate

Komal Karnik Associate

 

For more details, please contact [email protected].

 

[1] C.A. No. 258-259 of 2021. Judgement dated September 12, 2024.

[2] C.A. No. 229 of 2024. Judgement dated September 11, 2024.

[3] W.P. (C) No. 4677 of 1985. Order dated September 6, 2024.

[4] I.A. No. 64225 of 2022 in W.P. No. 13381 of 1984. Order dated September 6, 2024.

[5] C.M. Application No. 53844 of 2024 and Contempt Case (C) No. 1149 of 2022. Order dated September 13, 2024.

[6] WP (C) No. 27607 of 2024. Order dated September 6, 2024.

[7] W.P.(C) No.31520 of 2024. Order dated September 6, 2024.

[8] OA No. 638 of 2024. Order dated September 20, 2024.

[9] OA No. 646 of 2024. Order dated September 20, 2024.

[10] OA No. 1165 of 2024 (PB). Order dated September 19, 2024.

[11] OA No. 148 of 2023 (CZ). Order dated September 19, 2024.

[12] OA No. 1151 of 2024 (PB). Order dated September 10, 2024.

[13] OA No. 84 of 2023 (EZ). Judgement dated September 18, 2024.