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| Crime | Law | Punishment |
| Causing air pollution beyond air quality limits | The law bans industries from releasing any air pollutants more than the limits the State Pollution Control Board has laid down.1 If they do, the person in-charge of the establishment has to immediately notify the State Pollution Control Board2 and they have to pay for any corrective measures that the agencies undertake to reduce the impact of such harmful emissions3 as per the polluter pays principle. | The concerned State Pollution Control Board can make an application to a Court (not below a Metropolitan Magistrate or a Judicial Magistrate of the First Class) for restraining the offender from emitting the air pollutant.4
The polluter will have to reimburse the costs (plus interest the State departments have to bear to control the pollution. |
| An industrial plant is set up or operated without proper permission | It is a crime for an industrial plant to set up or operate without the proper permissions from the State Pollution Control Board5 or exceed the allowed emission limits1 or the proper pollution control equipment.6 | The punishment is jail time of one and half years to six years, along with a fine.7 If the violation continues, then an added fine of Rs. 5,000 (maximum) can also be imposed for each day it continues.
If such failure continues for more than a year, then the offender can be punished with jail time for two to seven years, with fine.8 |
| Use of vehicle in unsafe condition | If a vehicle is driven in a public place, which violates the standards laid down in relation to noise and air pollution, it is a punishable offence.9 | The punishment is a fine of Rs. 1,000 for a first offence and Rs. 2,000 for a second offence. |
| Violation of PUC(Pollution Under Control) Certificate | A person using a motor vehicle will be fined if they are not carrying a valid PUC (Pollution under Control) certificate issued by the Ministry of Road, Transport and Highways. | The punishment is a fine of Rs. 10,000.10 |
| Environmental pollution: pollution of air, water or land | Violation of any provision of the Environmental Protection Act, 1986 i.e pollution of air, water or land or any harm to the environment is a crime. | The punishment is jail time upto 5 years along with a fine that may extend to Rs. 1,00,000. Continued failure to comply with the law will lead to an additional fine of Rs. 5,000 for every day of non-compliance.11 |
| Releasing of harmful pollutants into the environment | Releasing harmful pollutants into the environment forms part of the offence of public nuisance12 as they make the air toxic and are injurious to the health of people. Even smoking in public places is considered to be a crime of public nuisance.13 | The punishment is a fine of Rs. 500.14 |
| Engaging in activities that are harmful to the health and physical comfort of the community | Operating industries and other processes that release air pollutants causing harmful health issues as well as discomfort to the people is an offence. This includes any conduct of any such trade or business that is harmful and causes imminent danger to the health of the people and threatens their physical discomfort. | A Magistrate can pass an order15 for removal of nuisance to stop such activities. |
- Section 22, Air (Prevention and Control of Pollution) Act, 1981. [↩] [↩]
- Section 23, Air (Prevention and Control of Pollution) Act, 1981. [↩]
- Section 23(3), Air (Prevention and Control of Pollution) Act, 1981. [↩]
- Section 22A, Air (Prevention and Control of Pollution) Act, 1981. [↩]
- Section 21, Air (Prevention and Control of Pollution) Act, 1981. [↩]
- Section 31A, Air (Prevention and Control of Pollution) Act, 1981. [↩]
- Section 37, Air (Prevention and Control of Pollution) Act, 1981. [↩]
- Section 37(2), Air (Prevention and Control of Pollution) Act, 1981. [↩]
- Section 190(2), Motor Vehicles Act, 1988. [↩]
- Motor Vehicles (Amendment) Act, 2019. [↩]
- Section 15, Environmental Protection Act, 1986. [↩]
- Ratlam Municipality v. Vardhi Chandra, 1980 AIR 1622. [↩]
- K Ramkrishnan v. the State of Kerala, AIR 1999 Ker 385. [↩]
- Section 290, Indian Penal Code, 1860. [↩]
- Section 133, Code of Criminal Procedure, 1973. [↩]
SEEMA MULLA
September 25, 2022
Our neighbour are in livestock business. They burn animals skins or wastes or make some processes for byeproducts may be. But it creates much more air pollution. Telling and explaining them the health hazards is our waste of time. Today also I am having breathing problem. We have asthma patient at home taking medicines. Please suggest what is legal way out.
Thank you in advance.
Nyaaya
September 29, 2022
If your neighbour is causing pollution and you are suffering from health problems, or you have suffered property damage or you are subjected to things such as bad smells or any health issues like asthma or any other ailments, you have four main courses of action to choose from.
One, you can speak with your neighbour and ask them to discontinue the activities that are causing the problem.
In some cases, such as with noise or odours or air pollution, your municipality may have by-laws to protect you. If so, your second option is to contact the municipality and have them enforce the by-law, which will force your neighbour to stop the nuisance. If the neighbour continues the nuisance, the municipality can prosecute for violation of the by-law.
Your third option is to contact the Ministry of the Environment, and lodge a complaint. After investigating the situation, the Ministry may issue one of several orders, such as a stop order, or a clean-up order.
Your fourth option is to start a lawsuit. Depending on the situation, it may even be possible to have other neighbours join your lawsuit and help cover the legal costs. This is called a class action and is permissible when the damages claimed by all the participants are caused by the same thing. In your lawsuit you can ask for compensation or an injunction. Compensation is paid to cover the cost of injuries and expenses that were caused by the actions of the polluter. An injunction is a court order that forces the polluter to stop the activities which are causing the problems.
नितीन
July 24, 2023
हमारे कपड़े के शॉप के बाजू में कांच एल्यूमिनियम की शॉप है ।
उससे बहोत वायु और ध्वनि प्रदूषण होता है हमे यहां रहना नहीं होता क्या करे
मेरा घर भी यही है छोटे बच्चे भी है
Amitkumar Naik
March 20, 2024
Inaction by D.G.P. on air, noise,water pollution which caused hyperacuses to me, heart attacks, skin,belly diseases.
Alka Manral
August 20, 2024
If a police complaint is not effective, there are also several other avenues to complain to. A complain can be filed with the Central Pollution Control Board (https://cpcb.nic.in) or any State Pollution Control Board (List of State-wise authority – https://cpcb.nic.in/displaypdf.php?id=Tm9pc2UtU3RhbmRhcmRzL0F1dGhvcml0eUxpc3QucGRm).
Secondly, a case can be filed at the district court with the help of a lawyer. For pollution, section 270 of the Bharatiya Nyaaya Sanhita deals with Public Nuisance, for which a case can be filed under Section 292 of the BNS.
Thirdly, a case can also be filed with the National Green Tribunal online (https://ngtonline.nic.in/efiling/mainPage.drt). The NGT has a presence in five zones – in Delhi, Bhopal, Kolkata, Chennai and Pune. The decisions of the NGT are binding and you can appeal within 90 days to the Supreme Court if you are unhappy with its decision.
Bhupinder
May 22, 2024
Jai hind ,
M Bhupinder Kumar
From Geeta Nagar tajpur road ludhiana Punjab
Hmare yah factory air pollution bhut ho rha ha…
Plz solutions kr de….
Thanks regards
9780097414
Sikha
November 8, 2024
Aap Central Pollution Control Board pe jakar apni complaint register krva skte hai. Portal ka link- https://cpcb.nic.in/query-form1.php
Aap apne nazdiki police station me jakar bhi complaint register kra skte hai.
Balmukund Rana
September 13, 2024
नई दिल्ली मेट्रो स्टेशन के गेट नंबर 3 के पास एक गन्ने के रस बेचने वाला डीज़ल की मशीन पूरे दिन चलाता रहता है, और अपनी दुकान चलाता है। उस डीज़ल का धुंआ से आम जनता को बहुत दिक्कत होती है, वहाँ एक मिनट भी रुकना भारी होता है। साँस लेने में परेशानी होती है।उसकी पुलिस वालों से मिली भगत है ऐसा लगता है। मेरा अनुरोध है कि इस जूस वाले को यहां से हटाया जाए, बड़ी कृपा होगी।