Right to a clean environment: complaints and the NGT
Your right to clean air and water, how to complain about pollution and noise locally, and how any citizen can approach the National Green Tribunal.
In short
- A clean and healthy environment is part of your right to life under Art 21. You do not need to own the polluted land to act.
- Start local: complain in writing to the State Pollution Control Board, the municipality or panchayat, and the District Magistrate, who can order a public nuisance removed Sec 152 BNSS.
- Any person or group can approach the National Green Tribunal (NGT) Sec 18 NGT Act. The fee is ₹1,000 for an application without a compensation claim, and you may argue your own case.
- Watch the deadlines: generally six months from when the problem first arose for most NGT cases, and 30 days for appeals against clearances.
Smoke from a nearby factory, a drain emptying into the village pond, drilling all night on a construction site, trees cut for an illegal project. Environmental harm is not distant. It reaches your lungs, your children's health and the water you drink. Indian law gives you strong tools, and you do not need to be a scientist or a lawyer to use them.
A constitutional right
The Supreme Court has held that the right to life under Art 21 includes the right to pollution-free air and water (Subhash Kumar v. State of Bihar, 1991). In Vellore Citizens Welfare Forum v. Union of India (1996) it adopted two principles that courts still apply:
- Polluter pays: whoever causes pollution must pay to repair the damage and compensate the victims.
- Precautionary principle: where there is a serious threat to the environment, lack of full scientific certainty is no excuse for delaying action.
In M.K. Ranjitsinh v. Union of India (2024) the Court also recognised a right to be free from the adverse effects of climate change. The Constitution directs the State to protect the environment Art 48A and makes it every citizen's duty Art 51A(g).
The laws and the regulators
Several laws work together: the Water Act, 1974, the Air Act, 1981, the Environment (Protection) Act, 1986, the forest and biodiversity laws, and rules on noise, solid waste, plastic and biomedical waste. The Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) enforce them. A factory needs the Board's "consent to operate"; the Board can inspect, order it to stop polluting, and direct closure or cutting of power and water. Recent amendments replaced jail with heavy monetary penalties for many violations.
The criminal law also applies: public nuisance Sec 270 BNS, fouling a public water source Sec 279 BNS, and making the air noxious to health Sec 280 BNS.
Step by step: start local
- Document the problem. Dated photos and videos, times of smoke or noise, smells, health effects (doctor's notes help), and names of the units. Collect signatures of affected neighbours.
- Complain in writing to the SPCB's regional office, the municipal body or panchayat, and the District Magistrate. Many SPCBs have online complaint systems. Keep acknowledgements.
- Ask the Magistrate to remove a public nuisance. A District Magistrate or Sub-Divisional Magistrate can order removal of a nuisance such as a trade harmful to community health or a blocked public drain Sec 152 BNSS (earlier Sec 133 CrPC).
- Noise at night. Loudspeakers and public address systems are generally not allowed between 10 pm and 6 am under the Noise Pollution Rules, except as the rules permit. Call 112 for the police to act.
- Use RTI. Ask the SPCB for the unit's consent to operate, its conditions, inspection reports and monitoring data. Violations of consent conditions are powerful evidence.
- Escalate to the NGT or, for urgent public-health risks, the High Court under Art 226.
Going to the National Green Tribunal
The National Green Tribunal Act, 2010 created a specialised court with judicial and expert members. The Principal Bench sits in New Delhi, with zonal benches at Bhopal, Pune, Kolkata and Chennai.
- Environmental disputes Sec 14: cases raising a substantial question about the environment under the laws in the Act's Schedule (Water, Air, Environment Protection, Forest Conservation, Biological Diversity and Public Liability Insurance Acts). Wildlife Protection Act matters are not in the Schedule. File within six months of when the cause first arose; the Tribunal can allow 60 more days for good reason.
- Relief and compensation Sec 15: compensation for pollution victims and restoration of damaged property and environment. Such claims must generally be filed within five years.
- Appeals Sec 16: against certain orders such as environmental clearances or Pollution Board orders, within 30 days of the order being communicated (extendable by 60 days for good reason).
- Who can apply Sec 18: the person harmed, the owner of affected property, or any person or organisation, including a residents' group.
The fee is ₹1,000 for an application or appeal that does not claim compensation; claims for compensation carry a fee linked to the amount. Applications need supporting documents and an affidavit. A plain letter is usually not enough to start a case, though the NGT does sometimes act on its own on news reports. An appeal against an NGT order lies to the Supreme Court within 90 days Sec 22.
Imran, 40, lives in a colony near a dyeing unit in Panipat that releases coloured water into a drain behind the houses. Residents record videos and children fall ill. Imran writes to the Haryana SPCB and files an RTI, which shows the unit's consent has expired. The SPCB issues a notice but nothing changes. The residents' welfare association files an application at the NGT Principal Bench with the RTI reply, photos and medical records. The NGT directs a joint inspection; the unit is closed until it installs a treatment plant and is ordered to pay environmental compensation.
Keep these ready
- Dated photos and videos, location details, and a short diary of incidents.
- Copies of complaints and acknowledgements from the SPCB, municipality and District Magistrate.
- RTI replies: the unit's consent to operate, inspection and monitoring reports.
- Medical records of affected people; signatures of residents.
The most common mistake is waiting too long. NGT time limits run from when the harm first arose or the order was communicated, and late cases are routinely dismissed. Complain to the authorities early, keep dates, and if they do not act, go to the NGT within time.
Where to go
- State Pollution Control Board regional office (or the Pollution Control Committee in a Union Territory); the municipality or panchayat.
- District Magistrate / SDM for public nuisance orders under Sec 152 BNSS; police (112) for night-time noise.
- Central Pollution Control Board: cpcb.nic.in.
- National Green Tribunal: greentribunal.gov.in; then the High Court or Supreme Court. Free legal aid: 15100.
Common questions
Can an ordinary citizen file a case in the NGT?
Yes. Under Sec 18 of the NGT Act, any person, group or organisation can file an application, not only the person directly harmed. The fee is ₹1,000 where no compensation is claimed, and you may appear in person, though a lawyer often helps.
What is the time limit to approach the NGT?
For environmental disputes under Sec 14, generally six months from when the cause first arose, extendable by 60 days for good reason. Compensation claims under Sec 15 generally have five years. Appeals under Sec 16 must be filed within 30 days of the order, extendable by 60 days.
Whom do I complain to about a polluting factory?
Start with a written complaint to the State Pollution Control Board, the local body and the District Magistrate, who can order removal of a public nuisance under Sec 152 BNSS. Use RTI to get the factory's consent conditions and inspection reports. If they do not act, approach the NGT.
Can I complain about loudspeakers at night?
Yes. Under the Noise Pollution Rules, loudspeakers are generally not allowed between 10 pm and 6 am except as the rules permit. Call 112 to ask the police to act, and complain in writing to the police station and District Magistrate if it continues.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
