NGT Lawyers in Maharashtra
A single complaint from a neighbor or a notice from an environmental authority can turn into a major legal issue when it comes to environmental matters in Maharashtra. It can relate to an industry that is being accused of releasing untreated effluent. Residential complexes can be taken up for being built near ecologically sensitive zones. People can file complaint against industries for pollution by air, quarries, felling of trees, illegal waste dumps, discharge of untreated sewage, noise and river pollution etc. Project can be asked to pay environmental compensation or directed to close down. There can also be dispute regarding approvals obtained.
NGT Lawyers in Maharashtra help such clients where a dispute is to be filed before National Green Tribunal and it relates to various environment laws attached with it.
State of Maharashtra is home to many types of environmental disputes. Coastal areas in Mumbai and Konkan region give rise to issues related to mangroves. Urban areas such as Pune face problems due to construction, waste disposal, river pollution and industry based problems. Cities like Nashik, Nagpur, Thane, Navi Mumbai, Aurangabad, Kolhapur and others can give rise to unique problems when it comes to getting environmental clearance and ensuring that projects don't harm the environment.
People who are being impacted due to environmental damage may seek redressal. Likewise companies can also be held accountable for harming the environment and can be accused of pollution.
Each situation can be treated differently.
Various documents play a role when it comes to deciding an environmental issue. From inspection reports to permission granted by authorities and photos and science behind the damage can play a decisive factor in a dispute.
Advocate BK Singh & Advocate Sadhna Singh are available to help clients where a detailed analysis of the issue and correct court is required to deal with an environmental issue. They try to be careful with words that they promise to their clients. However they do their best to guide a client in their area of expertise.
Why Environmental Disputes Can Grow In No Time In Maharashtra.
There can be various reasons why people take up environmental issues. It might be that your home is affected due to pollution or you live near a water body. The effect can span out from one person to many or can impact a whole village.
Different Authorities can take action in such scenarios.
Be it in form of the MPCB or other government bodies. Disputes can be raised on the actions taken by them or not acting according to the provisions given in various laws of India.
Disputes relating to environmental issues under schedule I are allowed to be filed under section 14 of National Green Tribunal Act 2010. Section 14 has certain limitations attached to it as well. Therefore one must keep those in mind while dealing with such disputes.
People who are suffering due to environmental hazards would want quick resolution to the problem. Similarly Industries will not want to face a charge that their work is contaminating the environment. Developers would want to complete their project on time and not face any obstruction to their progress. Government may be held accountable for not acting on environmental issues.
Thus when a dispute occurs, we need to be aware of what we are disputing and how we can proceed further.
Quick Facts
- NGT western zone at Pune covers the state of Maharashtra.
- Any dispute which falls under schedule I of the NGT Act 2010 can be filed in NGT.
- Section 14 of the NGT Act 2010 talks about substantial disputes that have occurred due to schedule I.
- Remedies like relief, compensation etc can be awarded under section 15.
- If an appeal is to be filed then section 16 is what you must refer to.
- Technical documents can play a big role in NGT disputes.
- Sustainable development, precautionary principle and polluter pays principle are to be kept in mind under section 20.
What issues can NGT Lawyers In Maharashtra help me with?
As explained above environmental disputes can arise on various fronts. There is no set type of cases that can be filed before NGT. Some of them include.
- Industry which is suspected of throwing untreated wastewater in drains.
- Residential societies complaining about pollution by adjoining projects.
- Factories asked to pay environmental compensation.
- Developers facing issues with environmental clearances.
- Villages affected by quarries or mining.
- People who reside near dumping yards and are facing pollution due to it.
As discussed previously coastal regions in Maharashtra face many such issues. Whether it is development near creeks or mangroves. Many such issues have come before NGT western bench at Pune in the past. One such example being cases regarding dumping of waste near CRZ limits around Ulhas river estuary in and around Thane.
If your case falls under any of the following then you can approach Advocate BK Singh & Advocate Sadhna Singh
- Pollution by Industries
- Dumping of Waste
- Hazardous waste disposal
- Improper sewage treatment
- Environmental Compensation
- Quarrying and Mining
- Environmental clearances
- Issues related to CRZ and coastal area
- Damage caused to mangroves or other ecological habitats.
- Felling of trees due to dispute
- Environmental issues arising from projects.
- Directions to close or any other directions.
- Problems with Consents.
- Environmental damage that can affect many.
If you think you have an issue that falls under National Green Tribunal then contact us. You need to be aware of what you are disputing and under what act your dispute lies. Not all issues can be dealt with by NGT. So if you are facing any issue related to property or building permits or any dispute that is not directly related to environment you may not be able to file it in NGT.
Where do you file a case if you are facing environmental issues in Maharashtra?
National Green Tribunal Western Zone at Pune. This bench has territorial jurisdiction over Maharashtra. Also some states of Gujarat and Goa and union territories that have been mentioned in NGT fall under this bench.
Due to the length of state Maharashtra we can see many issues happening across the state. From Mumbai to Nagpur issues will vary greatly. Your case can be related to mangroves in Mumbai or river pollution in Pune. There can be issues in cities such as Thane and Navi Mumbai related to urbanization. Nashik can have issues with rivers and industries or construction. Nagpur and other parts of Vidarbha can have mining and forestry issues.
So we can say that every part of state can have different types of issues that are environmental in nature.
If we look at what documents are involved in your dispute it can vary. Depending on what is causing the problem and what has caused it we can figure out what laws and rules were violated.
What laws are associated with NGT?
As we know NGT doesn't take up any type of case that can be considered an environmental issue. NGT takes up cases under the NGT act 2010. There are also various other laws that can be associated with your case.
Some of these laws are the Environment Protection Act 1986, Water Prevention and control of pollution act 1974. There can be cases where Air prevention and control of pollution act 1981 is applicable. There can be many such acts that can be applicable under schedule I.
If your issue is with respect to waste then there can be rules that govern solid waste, hazardous waste, biomedical waste etc. There can be issues regarding coastal areas that are under CRZ rules.
Projects can face issues with their environmental clearance. Industries may have problems with their consent to operate, consent to establish and other related rules.
If an order passed by government or any other authority you feel violates environmental laws then you can file an appeal under section 16 of NGT. Time to appeal under section 16 is generally 30 days from the date of order passed. But it can be extended to 60 days if you show sufficient cause.
If you have faced any issues as stated above you can reach out to Advocate BK Singh & Advocate Sadhna Singh.
How to prove pollution if you think you are affected?
Most people when they find out that they are being harmed by pollution or any environmental issue will try to gather as much proof as they can. They will click photos of black smoke coming from chimney of an industry or the drain that has become green. They may film the dust that has settled on their homes or take photos of foul smelling river near their home. They may have stayed awake till late night due to noise. If you are living near a source that is causing pollution to your home or any property.
While all of these things are good evidence but they may not be enough to prove what has caused the problem.
- Photos of emissions or any video that shows source of pollution.
- Reports by authorities.
- Lab report that shows what is in water or any material that has been harmed.
- Letters to authorities showing that they were informed about the problem.
- Photos and maps showing how your home is near river or mangroves.
These are all pieces of evidence that you may need to collect. If you don't have enough evidence to support your cause of action it can be difficult.
Industries can also be wrongly accused of pollution. There can be evidence to disprove what is being said.
If you require help you can approach Advocate BK Singh & Advocate Sadhna Singh.
What if my factory has received an NGT notice?
Your business can be affected due to NGT notice or directions. Maybe you didn't follow some conditions of your consent or are not meeting emission norms. There can be many reasons why an NGT direction may be sent to you.
Often companies tend to not worry about such letters. This can get dangerous if your company is not following guidelines. As explained previously your factory can be halted and can face many legal consequences.
Make sure you comply with all regulations if your factory has received an NGT direction. Do not just dismiss it thinking nothing will happen.
Sometimes it is good to deny allegations that are being put on your company. But if you know you are not following certain rules you must look at that issue as well.
Approach Advocate BK Singh & Advocate Sadhna Singh if you require assistance with NGT related matter. Keep in mind that your case may be rejected or your direction may not stay just by filing a petition.
Environmental clearance dispute.
When a project has invested many crores of rupees they do not want their progress to be delayed due to a NGT order. Sometimes issues arise that cause an NGT matter to be filed. These issues can range from approval to damage to environment. People may feel that by giving a clearance their area is at risk.
Both sides will argue that the other party is in violation of something. Whether it is NGT that is granting unnecessary approval or someone who is harming environment. It's important to figure out what your cause of action is and how can we proceed.
There may be limitations that come under section 16 if you wish to appeal an order related to environmental clearance. We advise you to reach out to Advocate BK Singh & Advocate Sadhna Singh early if you have been hit with an order.
Coastal Issues
With Maharashtra having such a long stretch of coast line we can see various issues cropping up in coastal areas. From Mumbai to Raigad and further south can have many problems. There may be mangroves or creek near your project. Maybe you were allowed to build in that area but you feel someone else is not following rules. There can be many such issues.
Ensure you have proper maps and documents that prove what you are trying to show. Your problem may be just meters away from your current position. If your project is near any environmentally sensitive area it is better to consult with Advocate BK Singh & Advocate Sadhna Singh.
Business should keep in mind that a local body approval doesn't solve all problems that may arise. Always check what you are dealing with.
Environmental Compensation
If someone feels they have been harmed due to an environmental issue. They may be seeking compensation for the harm done. The amount of compensation can be high depending on what has happened.
You must ensure that you have proof of damage and what can be compensated. If your factory is accused of harming environment they will be held liable and may be forced to pay compensation.
We can help you in this regard as well. Know what your options are and how can they help your case.
There may be many other documents that can help your case. But we must analyze the issue at hand and then decide what we should focus our energy on. If any of the documents contradict with each other we need to see what they are saying.
How limitation affects an NGT Case.
Sometimes people forget about limitation. When they are fighting an issue they feel that it has been ongoing for long time and can file a case whenever they want. There are some provisions that state what time you should file your case.
If you are dealing with a dispute under section 14 you need to file within 6 months from the date the cause of action has occurred. You can file a case in 60 days if you can show sufficient cause. Appeals have their own limitations. Compensation and restitution can also have time limit attached to them.
If you want to learn about your case and what you can do with limitation in mind then approach Advocate BK Singh & Advocate Sadhna Singh.
Common mistakes made by people who approach NGT.
Going to the wrong court. Not every case that is related to building or house falls under NGT. Remember you are not going to get help from NGT with a property dispute.
Secondly people spend months filing complaints without taking the necessary steps to protect their cause.
Taking pictures from social media and relying on them as your main form of evidence.
If you are running a business you may ignore a complain from locals due to having an approval from one authority. There can be other issues that you may be dealing with.
Denying everything when there are violations shown in documents.
Taking actions to cure the problem but not documenting them.
Accusing people without proof. This will do you more harm than good.
Underestimating what an impact your work can have on environment. Especially if you are working near creek or mangroves.
Believing that you will be awarded a stay if your business is being affected. You may not get one if the problem can be resolved at your end.
Know what you need and how you can achieve it. Consult Advocate BK Singh & Advocate Sadhna Singh if you want to know more.
What happens if you ignore an NGT Case?
If you know that you are facing an issue with NGT or environmental problems it's better to deal with it. If you ignore your problem you may end up paying for it. Whether its pollution affecting your homes or factories. Ignoring the issue can only lead to worse consequences.
Business can also be affected if you continue to pollute and don't fix the issue. You can lose money if you are unable to continue with your project. Government can also be held accountable if they are not solving issues. There can be damage to your reputation as well.
Whatever your problem may be there will be a solution. Once your case reaches NGT you can face many issues. From inspection to directions to stay and many more. Make sure you act responsibly and follow laws that have been created to save our environment.
Section 20 tells us to keep in mind sustainable development, precautionary principle and polluter pays principle. Keep these in mind while proceeding with your case.
When should I talk to NGT Lawyers In Maharashtra?
As we can see there are many scenarios that can lead to you contacting an NGT Lawyer. It can be when you have received a direction to stay your business. Or if you feel your project is violating the rights of local residents. If someone is building a house near a river or mangroves you may want to stop them.
If you are currently involved in an NGT matter you need to act quickly. Many cases have a shorter limitation than you think. If you need help finding an appropriate court for your problem you can approach Advocate BK Singh & Advocate Sadhana Singh.
Just because you have an NGT case does not mean you need to start fighting immediately. There may be some things that you need to learn about your case.
Getting Help From NGT Lawyers
You can get help from NGT Lawyers in case your case requires one. Whether you are filing as applicant or appealing an order you need to be prepared. We can help you find solutions and guide you through your problem.
From finding out what court will help your case to finding what can get you a favorable outcome. If you require an NGT Lawyer then Advocate BK Singh & Advocate Sadhna Singh can help.
Whether it be a community that has suffered loss due to environmental problems or companies facing closure. We can help you in such matters. If you feel that your home has been damaged due to poor environment then approach us. No NGT lawyer will guarantee you that you will win your case. But we will do our best to help you.
FAQs.
Q. What bench will I use for my Maharashtra case?
A. Maharashtra comes under Western Zone at Pune. But remember not every NGT case will be tried here. It depends on what you are facing.
Q. What kind of problems can I solve by hiring NGT Lawyers in Maharashtra?
A. Any issue that can fall under NGT will be dealt with. It can be pollution by industries or your factory not meeting environmental standards. You can approach us with any problem you feel is an NGT issue.
Q. Can I file a case if an industry is polluting?
A. Yes if you have proper cause of action and documents to back your claims. Ensure that you have proof that what they are doing is wrong.
Q. Can I challenge a direction by MPCB?
A. There are certain directions that can be challenged before NGT. If you have received an order that you feel violates environmental law you can challenge it. Make sure to check if you can file under section 16.
Q. Can NGT help me receive compensation?
A. Yes if you have been affected by pollution and can show proof of it you can receive compensation under section 15. Make sure to have documents that can help you receive compensation.
Q. Can I challenge an environmental clearance?
A. Yes if it falls under section 16. Make sure to check your limitation and see if you can file an appeal.
Q. Can NGT stop my factory from operating?
A. If your case can show that you are harming the environment you can be ordered to stop your work. This all depends on your case and what evidence you can produce.
Q. I have received consent to operate can I face a NGT case?
A. Having a consent can help your case but you still can face a charge. Make sure you follow all guidelines that have been placed on your consent.
Q. My building has pollution due to sewage can I file a case?
A. Yes if you can prove that the sewage is affecting you you can file a case. Try to find what is causing the pollution and see how you can solve the problem.
Q. Can I file a case for dumping in CRZ?
A. Yes if you can prove that it is violating environmental laws. There are many cases that have been filed due to dumping in mangroves and CRZ.
Q. Are there any limitations for filing an NGT case?
A. Yes every section can have a different limitation. Make sure to know what your case falls under.
Q. Will pictures be enough to show me polluting?
A. Photos can be one piece of evidence that you can submit. But it may not be enough to prove your claim. See if you can get more documents that can show your pollution.
Q. Can I defend myself against false accusations of pollution?
A. Yes you can submit your side of story and show that what is being said is not true. Make sure to gather documents that can help your case.
Q. Can NGT award both compensation and help restore the damage?
A. It can award both if there are violations that you have done. You will be held responsible and can be asked to pay compensation.
Q. How can Advocate BK Singh & Advocate Sadhna Singh help me with my NGT case?
A. By helping you find your options and guiding you through your problem. We can help you understand what documents you need and where you can get a favorable verdict.
Don't wait till it is too late
If you are facing an issue that you believe is an NGT problem. Contact us as early as possible. You can avoid losing valuable time if you talk to us. From NGT lawyers in Maharashtra we can help you solve your issue. Whether its related to pollution or not meeting environmental guidelines. Advocate BK Singh & Advocate Sadhna Singh can help you.
Disclaimer:
This article does not give any legal advice and is meant to provide you with general knowledge. We cannot guarantee that the results that we give in our articles will yield the same results for your case.
