Environmental Pollution Complaint in India: NGT and Legal Remedies

By Advocate Ganta Surya Kiran | 19 Law Chambers, Visakhapatnam | Legal Awareness

Industrial pollution, factory emissions, illegal waste dumping, and contamination of water bodies affect thousands of residents across Visakhapatnam and Andhra Pradesh. Furthermore, Indian law through the National Green Tribunal, pollution control boards, and constitutional rights provides strong remedies against polluters. Importantly, the right to a clean environment is part of the fundamental right to life under Article 21 of the Constitution — as held by the Supreme Court. Advocate Ganta Surya Kiran at 19 Law Chambers guides individuals and communities in filing effective environmental complaints and enforcing their right to a clean environment.

Your Constitutional Right to a Clean Environment

The Supreme Court in Subhash Kumar v. State of Bihar (1991) and subsequent decisions held that the right to live in a clean environment free from pollution is a fundamental right under Article 21. Furthermore, this means any government inaction against pollution can be challenged through writ petitions before the High Court. Moreover, the Polluter Pays Principle established in Indian environmental jurisprudence makes polluters fully liable for cleaning up their pollution and compensating affected communities. Consequently, environmental remedies in India are significantly stronger than most people realise.

Five Forums for Environmental Complaints

Forum 1 — Andhra Pradesh Pollution Control Board (APPCB) File a complaint with the APPCB specifically addressing the Regional Office for Visakhapatnam. Specifically, the APPCB has powers to: conduct surprise inspections of polluting factories, issue closure notices to severely polluting units, revoke environmental clearances, and initiate criminal prosecution against polluters. Furthermore, the APPCB must acknowledge your complaint within 7 days and complete preliminary investigation within 30 days. Consequently, APPCB complaints are most effective for ongoing industrial air and water pollution.

Forum 2 — National Green Tribunal (NGT) — Most Powerful The National Green Tribunal Act, 2010 established the NGT as a specialised environmental court with nationwide jurisdiction. Specifically, the NGT can: hear cases relating to environmental damage and pollution, award compensation to affected individuals and communities, direct restoration of damaged ecological areas, impose penalties and levy environment relief funds, and override decisions of pollution control boards. Furthermore, NGT cases are heard much faster than civil courts — typically 3 to 6 months for preliminary orders. Moreover, the NGT bench for South India sits at Chennai — accessible through video conferencing from Visakhapatnam. Read: Writ Petition High Court AP for an alternative constitutional remedy.

Forum 3 — Criminal Complaint Under Environment Protection Act File a criminal complaint under Section 15 of the Environment Protection Act, 1986 which makes violations of environmental standards punishable with imprisonment up to 5 years and fine up to Rs 1 lakh for each day of violation. Furthermore, the Water (Prevention and Control of Pollution) Act 1974 and Air (Prevention and Control of Pollution) Act 1981 contain separate criminal provisions. Consequently, factory owners and their directors face personal criminal liability for pollution violations.

Forum 4 — High Court of Andhra Pradesh — Writ Petition File a Writ Petition before the High Court of Andhra Pradesh when: the government or APPCB has failed to act despite multiple complaints, an immediate constitutional remedy is needed — particularly when the pollution poses an immediate threat to life, or when government agencies themselves are violating environmental norms. Furthermore, the High Court exercises both suo motu jurisdiction in serious environmental cases and accepts individual petitions. Consequently, High Court intervention brings the fastest and most authoritative relief in serious cases. Read: Writ Petition High Court AP.

Forum 5 — Civil Suit for Nuisance and Damages File a civil suit in District Court for private nuisance specifically claiming: compensation for health damage caused by pollution, cost of alternative water supply if your groundwater is contaminated, diminution in property value due to proximity to the polluting source, and a mandatory injunction directing the polluter to install pollution control equipment. Furthermore, class action civil suits — where an entire affected community sues together are possible under Order 1 Rule 8 CPC. Consequently, collective suits create stronger evidentiary bases and more significant compensation claims.

How to File an Effective Environmental Complaint — Step by Step

Step 1 — Document the Pollution Systematically Collect: water samples from the affected source preserved in sealed containers and sent for laboratory testing, air quality measurements using a portable air quality monitor or through an accredited laboratory, photographs and videos of effluent discharge, emissions, or waste dumping with timestamps, medical records of health effects respiratory problems, skin conditions, or other illness correlated with pollution onset, and testimony of affected neighbours collected in writing. Consequently, scientific evidence dramatically strengthens every environmental complaint.

Step 2 — File RTI for Environmental Clearances and Inspection Records File an RTI application with APPCB and the District Environment Officer seeking: the factory’s environmental clearance and consent to operate, all inspection reports for the factory in the last 3 years, all complaints received and actions taken, stack emission and effluent discharge records, and any show-cause notices issued to the factory. Read: Right to Information RTI India. Furthermore, official government records obtained through RTI are powerful evidence in NGT and High Court proceedings. Consequently, RTI filing is an essential early step in every environmental case.

Step 3 — File APPCB Complaint Simultaneously Submit a detailed written complaint to the APPCB Regional Office, Visakhapatnam with all your evidence. Moreover, copy the complaint to the District Collector, AP Environment Department, and APPCB Chairman at Amaravati. Consequently, multiple simultaneous complaints prevent any single official from sitting on the complaint.

Step 4 — File NGT Petition With Scientific Evidence Prepare and file an NGT Original Application (OA) before the NGT South Zone Bench. Specifically, the OA must: describe the nature and extent of pollution, identify the specific environmental norms violated, attach scientific evidence of pollution levels, attach medical evidence of health harm, specify the relief sought compensation, closure, remediation, and list all respondents the factory, APPCB, and District Collector. Furthermore, file within 6 months of first becoming aware of the pollution. Consequently, early NGT filing preserves your legal options.

Frequently Asked Questions

Q: A factory near my home is releasing foul-smelling gases that make my family sick. What should I do first?
Immediately document everything photograph the emissions, record the smell and timing, and get your family members medically examined. Furthermore, file complaints simultaneously with APPCB, the District Collector, and the local police (for nuisance under Section 268 IPC). Moreover, simultaneously file an RTI to obtain the factory’s environmental clearance status. Consequently, coordinated multi-authority complaints put maximum pressure on the factory and regulators simultaneously.

Q: Can I get compensation for health damage caused by industrial pollution?
Yes — the NGT regularly awards compensation to pollution-affected communities. Specifically, present medical evidence correlating your health conditions with the pollution expert testimony from environmental health specialists strengthens your claim significantly. Moreover, the Polluter Pays Principle makes the factory not the government liable for compensation. Consequently, even if the factory has some environmental clearance — exceeding permitted discharge levels makes it liable.

Q: Can an entire village file a single environmental complaint?
Yes — community environmental complaints are specifically encouraged. Furthermore, the NGT accepts complaints on behalf of entire affected communities. Moreover, a community-supported complaint creates stronger political and media pressure on regulators to act. Free legal aid: NALSA — nalsa.gov.in | Free Legal Aid in AP.

Also read: Noise Pollution Complaint India | Right to Information RTI India | Best Lawyers in Vizag

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