Family & Marriage
Money & Property
Crimes & Violence
Police & Courts
Labour & Employment
Health & Environment
Citizen Rights & Constitution
Government & Elections
Media & Intellectual Property
Videos
Guides
Sample Forms
Statewise Information
General
Children
Women
LGBTQI+
Employees
Persons with Disabilities
Scheduled Castes & Tribes
Senior Citizens
Informal Workers
Police
Anyone can file a complaint at the nearest police station and can even register an FIR (First Information Report) for public nuisance1 against the establishment, industry or person responsible for air pollution.
Central and State Pollution Control Boards
CPCB stands for the Central Pollution Control Board. It is a body constituted under the law to prevent and control water and air pollution in India. It also provides technical services to the Ministry of Environment and Forests and runs the air and water quality monitoring programme to help regulate and decrease the level of pollution.2 It has a complaint portal on its website to report air pollution in Delhi NCR.
An aggrieved person can approach the State Pollution Control Board office in their state or visit the website to file a complaint for air pollution. The State Pollution Control Boards have the power to:
- Approach a court for restraining any person who is likely to cause air pollution.3
- Obtain information about emissions from industrial plants, enter and inspect premises, take samples of emissions and send for analysis.4
- Direct the closure of such polluting establishments or cut off or regulate its water or power supply.
Courts
District Magistrate
Anyone can approach the Magistrate to file a civil suit for remedy against public nuisance with the help of a lawyer. The Magistrate also has the power to issue a notice under Sec. 133 CrPC5 (order for removal of nuisance) to stop the polluting activities.
National Green Tribunal
Complaints can be registered at the official website of the National Green Tribunal. (NGT). The complaint can be filed as an individual, advocate, a representative of a law firm or NGO or as a representative of the Government of India.
When the proceedings are initiated, the NGT can provide relief and compensation as well as order return and restoration of property damaged and the environment of the area.6 The NGT orders compensation for instances of death, disability, injury or sickness, loss of wages and medical expenses7 to the person responsible for causing the damage to the environment.8
The Tribunal also has the power to grant:
- Interim orders or a stay
- Orders requiring a person to cease and desist.
- Section 268, Indian Penal Code, 1860.[↩]
- Central Pollution Control Board, accessed at: https://cpcb.nic.in/Introduction/.[↩]
- Section 22A(1), Air (Prevention and Control of Pollution) Act, 1981.[↩]
- Section 24-26,Air (Prevention and Control of Pollution) Act, 1981.[↩]
- Section 133, Code of Criminal Procedure, 1973.[↩]
- Section 15, The National Green Tribunal Act, 2010.[↩]
- Schedule II, The National Green Tribunal Act, 2010.[↩]
- Section 17, The National Green Tribunal Act, 2010.[↩]
Mohan kumar Daw
August 28, 2022
Our neighbour pollute air through plastic burns
Nyaaya
September 1, 2022
You can file a complaint using the procedure given in the explainer above.
Suryaprakash. K
January 9, 2024
I am residing at Madhavapatnam village which is under Samalkot mandal adjacent to Rameswaram Grampanchayat and Sarpavaram, Ramanayya pet, Gangana palli gram panchayats.
Existing Kakinada Samalkot road road both sides edges were flourishing with dry soil flying dust while passing a vehicle on this road. Both sides of this road agricultural godavari canal was existed which is no maintenance by the Irrigation dept in keeping it clean. No supervision on these canals purely polluting. Madhavapatnam to Sarpavaram junction was purely damaged and six inches layer of dry mud formed on this road also fly to make air pollution while passing on vehicles through this road leads to lung cancer. Solid waste is dumping besides this road. One year back complained to local pollution control board officers. Simply arranged a cloth barricade. Besides this a Temple and educational institution suffering a lot and also public residing this area suffering A lot.
Necessary steps may be taken to clear these issues b y instructing to officers concerned and a copy of your letter to be submitted to District collector for information to take necessary instructions.
Jagan C R
September 9, 2022
I am living in Maruthipuram, Mallimedu, Walajapet, Ranipet district 632513, This is an DTPC approved Layout & An upcoming residential area.
Local bodies ar disposing the septic tank waste in our area even after repeated warnings given, We are worried about AIR & GROUND WATER getting polluted.
I request you to take necessary steps to stop the above mentioned complaint & Save our area getting polluted.
Nyaaya
September 19, 2022
Here are the steps you can take:
For a DTPC layout approved area which is an upcoming area the planned development is achieved through approval of layouts and by regulating the developments through building rules and zoning regulations and approval of industrial institutions. For such an issue of improper disposal of septic tank waste, you may approach the feedback and grievance portal of the Tamil Nadu DTPC website on https://ranipet.nic.in/contact-us/ and you can mention this issue and problems arising due to it raising a threat to the quality air and water in that area. Further, you can identify what municipality that is under and contact accordingly at https://ranipet.nic.in/public-utility-category/municipality/. This is the contact number for Walajah municipality in particular 04172-232207 and email id is – commr.walajapet@tn.gov.in
If in order such a threat to the environment shall be resolved on priority basis and proper communication as above should be followed to initiate the same.
Anil
October 18, 2022
We are situated in pathakunkam village srikakulam , andhrapradesh .
In our village boundary we have one factory which actually burns the hospital wastage.
They are not at all following norms ( we dont know any thing about it), can you please help us to the approach to make it right.
Nyaaya
October 25, 2022
The Central Pollution Control Board can be approached with a formal complain regarding improper management of bio-medical waste by the Common Biomedical Waste Treatment Facilities which is in question here. They need to follow provisions of Bio-medical Waste Management Rules, 2016 (BMWM Rules, 2016).
CPCB will issue notices to the concerned HCFs located in your location and subsequently if found in violation the factory will be fined appropriately.
CPCB can also issue directions under the Environment (Protection) Act, 1986 along with imposition of Environmental Compensation charges against the factory.
If not CPCB you can approach the pollution control board of your concerned state with a similar complaint.
Balvant P Gohil
November 20, 2022
In our SMC Surat Gujrat Bhimrad Canal Road area air pollution is at their extream stage and due to which many people suffering from cough and even it is difficult to take breath in polluted area. There are many Bld’s under construction nearer and I think they don’t follow construction rules and due to which air pollution continuously increased. Pl help us in the matter.
Nyaaya
December 4, 2022
The Ministry of Environment and Forest has made it mandatory to obtain environmental clearances for construction projects having covered built-up area greater than 20,000 sq.m.
Indian Government has also set forth guidelines and made it mandatory for construction site owners to implement dust preventive measures in order to minimize the impact on environment. Here are few of them –
Construction material at the site and on the vehicles that carry them should be properly covered.
Keeping the ground at construction sites wet to let the dust settle and inhibit it from spreading.
Setting barriers around construction site and covering mounds of sand with dust barrier sheets.
The construction companies are being asked to submit reports on the current status of construction and steps being taken by them to comply with the ministry of environment and forests guidelines, 2010, on prevention of dust and garbage accumulation on their construction sites
Littering or obstruction to public drains, water bodies, traffic and direct dumping of construction and demolition (C&D) waste in landfill sites should not be done.
According to the C&D Waste Management Rules, 2016. The system should contain proper collection of segregated C&D waste from the generator, proper transportation of waste, storage of waste followed by proper processing of waste into recycled or reusable products that have market value and where minimal rejects are produced which get disposed in designated landfills.
Arav
December 4, 2022
A person opposite to my house is polluting environment by draining acid in bulk of old big batteries. In what section I can file Fir and where can I make complaints for such a nuisance.
Nyaaya
December 8, 2022
FIR can be filed under:
1) Section 277: Fouling water of public spring or reservoir.—Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
And/or
2) Section 278: Making atmosphere noxious to health.—Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to five hundred rupees.
3) Read with Section 268:
Public nuisance.—A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage.
Further, a complaint can be filed to your nearest police station. For causing public nuisance under section 268 of the Indian Penal Code read with section 277 and 278 of the Code.
Neha
December 11, 2023
Bricks chimneys ka complaint kidhr kar sakte hmlog..hamare ghar pas 5 se 6 chimneys chlte hai jisme se 2 ne air filter ya kuch aisa use kiya h unka dhua white type niklta h pr 2 chimneys jo h unka pura black aur bht hi jyada sblogo k ghr dust se bhar jate h sans lene me v taklif hoti h hame … ye area ranchi ,Jharkhand me hai
PRAVEEN KUMAR
December 16, 2023
Hi am located in yelahanka new town Bangalore . Recently a dosa centre which uses wood for burning emitting lot of smoke . this has inconvenience respiratory problems , eye burning and breathing difficulties to the people in the near vicinity . people especialy with breathing issues , school children , patients are facing lot of difficulties . BBMP is not responding . What should be the further step to get rid of this public nuisance
Karuna Rao
January 5, 2024
Wood or leaves is being burned in my neighbourhood in a number of places to ward off mosquitoes and to keep warm. But this in turn has led to such dense smoke pollution that the entire view outside my window is hazy. And personally I have been suffering from burning watery eyes, respiratory issues due this pollution and not able sleep even coz the smoke is throughout night and day. Please advise it’s really affecting my health.
J S Wadhwa
January 22, 2024
We are located in Mumbai on a main road. A Pizza shop is taken a shop on rent in our apartment on ground floor. We stay on the 1st floor. The shop has installed a heavy duty air intake fan, It has no exhaust and there is opening in the wall for the same. the shop is below our bedroom. The smoke exhaust from the opening (which is below our window) comes into our residence above and there is a dirty odour all the time in our house forcing us to shut our windows of that room. They have also installed a Air conditioner whose two outdoor units are also located below our windows. The A/C are continuously operating creating a loud noise at all times. Our Society management does not allow a chimney to be installed.
The noise of the A/c and the heavy duty motor results in a loud humming noise at all times as this shop runs from 6.30 AM to 4.00 AM (22 Hours). The noise and smell from the shop is big nuisance as we cannot even sleep or stay in the room.
What remedy under the law do we have and who is the right person/agency to complain. Can we go to the police. This going on for 6 months. Our complaint to society management is not getting any response.
Bablu Kumar
February 2, 2024
Main Bablu Kumar Gupta plastic complex Chauraha Basti ka Rahane wala hun hamari Shop se 200 meter dur Balaji rice mil hai aur rice mil ka rakh ham logon ke ghar aur dukaan per aata hai jisse ham logon Ko business karne mein taklif hota hai aur chhat per agar kapda aur sukhane jaen to Sara kapda Kala ho jata hai bike chalate waqt aankh mein bhi pad jata hai aur vah bahut nuksan karta hai kripya help kijiye Balaji rice mil plastic complex Chauraha jhalkatiya mein sthit hai bahut jyada vayu pradushan faila rahe hain yahan per logon ka rasta chalna bhi durlabh ho gaya hai aur koi bhi chhat per kapda nahin faila Sakta sabke chhat per kala kala raag pura jama hua hai ghar ka painting tak kharab ho ja raha hai kripya help kijiye dhanyvad
Alka Manral
April 18, 2024
Aapki samasya kaafi gambheer lag rahi hai. Aapko yeh samasya local authorities ya pollution control boards ko report karna chahiye. Unhein aapki samasya ka samadhan karne mein madad mil sakti hai. Aap unhein detail mein aapki samasya aur uska asar bata sakte hain, aur unse prashasanik karvahi ki ummeed kar sakte hain.
Aapko jaayada jankari ka liya yeh nyaaya ka website pe details millega : https://nyaaya.org/legal-explainer/who-can-you-complain-to-about-a-grievance-under-air-pollution-law/.
Irfan
February 6, 2024
My neighbor is continuously burning something at night it doesn’t allow us breathe and also not comfortable to sleep.
Can you please under what section I can file a complaint against them
Devanand sinari
February 8, 2024
In my village amona goa,taluka bichomim,post marcella pin403107,company namely as vedanta limited,value additional business,pig iron plant amona goa creats noise and ait pollution ,on noise heavy machinery sound and siren sound is coming at night time …
For air pollution Graphite particals are falling in all around village and in my residencial area inspite of giving many complaints to goa state pollution controle board and given samples of graphite particals no action has been taken as company and goa state pollution board chairman and member secretary is having interlinked relation …
Now what other way to cotrole graphite air pollution ….for whom to contact…??
Panduranga Rao
February 24, 2024
Karnataka state pollution control board has given consent to operate only a residential apartment to my building. A local corporator is running commercial activity in the ground floor with a 7500 sqft teak wood furniture showroom which is against the consent given by pollution board and other authorities.
Based on complaint pollution board inspected and issued show cause notice for violations of consent to operate, but after that they are not taking any action, officials told us “you know who that person is? Why are you messing with him”.
The pollution board is even sending back the letters we sent to them. Can you please suggest What is legal recourse for this ?