Authority: Supreme Court of India, Court No.4, Section XVII

Order Date: 29-09-2026

Case Overview

  • Civil Appeal No. 4020/2020, Amravati Municipal Corporation (appellant) vs Ganesh Dadar... & Ors. (respondent).
  • The appeal concerns implementation of environmental compensation under the Solid Waste Management Rules, 2026, following a Supreme Court judgment dated 04‑08‑2026 directing the Ministry of Environment, Forest and Climate Change (MoEF&CC) to formulate guidelines.
  • Numerous interim applications were listed, including permissions to file additional documents and stay applications.
  • The court heard counsel and an amicus curiae, Ms. Shibani Ghosh.

Observations and Directions

1. MoEF&CC filed an affidavit confirming its duty to prepare guidelines under Rule 17(2) of the SWM Rules, 2026 and that the Central Implementation Committee (CIC) was constituted by the CPCB on 09‑03‑2026, chaired by the CPCB Chairman.

2. The order dated 04‑08‑2026 was forwarded to the CPCB on 25‑08‑2026 for action.

3. The second meeting of the CIC was held on 25‑09‑2026 (hybrid mode). Minutes dated 26‑09‑2026 are annexed.

4. The CIC resolved:

  • To constitute a Sub‑Committee comprising representatives from selected expert institutions/technical agencies and CIC members for preparing “Guidelines for imposition and collection of Environmental Compensation” under the SWM Rules, 2026.
  • To place the draft guidelines before the CIC in its next meeting, to be held within one month of the 25‑09‑2026 meeting.

5. Pursuant to the court’s order dated 11‑11‑2025, the State Pollution Control Board was required to file an affidavit on legacy waste; it was allowed to file the affidavit within two weeks from the present date.

6. The parties are directed to list appeals for compliance on 01‑12‑2026.

7. The Additional Solicitor General shall place the draft guidelines on record.

8. Amicus curiae, Ms. Shibani Ghosh, shall submit a short note on the compensation payable by the appellant(s) and on joint‑and‑several liability of the Municipal Corporation(s), State Government and/or Urban Development Authority.

9. The appellant(s) shall file an affidavit detailing steps taken with respect to legacy waste.

10. The interim order previously granted shall continue to operate.

Final Outcome

  • The court ordered the MoEF&CC and CPCB to expedite formulation of environmental compensation guidelines under the SWM Rules, 2026 through the CIC and its Sub‑Committee.
  • The State Pollution Control Board must submit the pending affidavit on legacy waste within two weeks; compliance list to be filed by 01‑12‑2026.
  • The A.S.G. will place draft guidelines on record, the amicus curiae will provide a compensation note, and the appellant will file its affidavit.
  • The earlier interim order remains in force.

Topics: Environmental Compensation, Solid Waste Management