Can Citizens File NGT Case Against Pollution?

You live in a colony where sewage flows untreated into a drain every night. Your child’s school is located next to a construction site that creates dust all day. A factory near your home emits smoke that drifts into your residential area. A builder has filled a pond beside a lake with construction debris. You send your kids to school with bags over their faces. Families visit local officers but nothing improves. Now, residents start asking: Should we file an NGT case against pollution in our area?

“Yes”, may be the answer if you have evidence, can legally frame your problem, and the pollution is bad enough to require urgent relief or action. Advocate BK Singh explains this to citizens: The NGT will not file your petitions like a resident health and safety desk. The NGT can punish those harming the environment if your situation involves: -environmental laws, harm to the public health of many people, damage to rivers/lakes/wetlands/ forests/animal habitats/grasslands, restoration of the environment, claims for compensation, or failure by regulators to do their job.

Whether you live in Delhi NCR, Gurugram, Faridabad, Meerut or other cities in India: Pollution has stopped being a distant problem. It affects your ability to breathe indoors and outdoors. Pollution affects the water that comes out of your taps. Pollution lowers the value of your property. Pollution affects your children’s health and your elderly loved ones. Pollution impacts your business and employees. Pollution makes life stressful.

Well, because you will be breathing air pollution. Because the water in your taps could be contaminated. Because someone could be illegally dumping construction debris or garbage near your home. Because the construction next door is bothering you. Because sewage could be overflowing onto the road. Because of noise. Because factory smoke may drift into your neighborhood. Because your city lake/ wetland /green belt was damaged due to pollution.

If complaining to officials early on doesn’t work, you may reach a point where your only choice is to file a case in NGT against pollution. Pollution in Delhi NCR isn’t just about bad air episodes anymore. Residential colonies in Ghaziabad, Noida, Greater Noida, Gurugram and Faridabad regularly deal with construction dust, garbage burning in fields, sewage overflowing in streets and flies from illegal dumpsites. Smaller urban cities deal with rivers being filled with plastic, drains openly discharging waste into towns, groundwater pollution and industrial smoke in unauthorized areas.

The NGT has a Principal Bench located in Delhi but also operates in 4 zones across India. These are Central, Eastern, Southern and Western zones. Also, the official NGT website has a case status section and allows citizens to e-file cases. Reading this isn’t enough to file your NGT complaint but it does mean filing a case is more structured than some might think.

Filing an NGT case isn’t a citizen sending off a letter of angry words. A citizen filing an NGT case shows the Tribunal there is a continuing injury to the environment, has gathered evidence to show who might be responsible, and has asked the Tribunal for the relief available under the law. Advocate BK Singh and NGT Lawyers can help you go from a collection of complaints to a properly drafted application to the NGT.

For related informational purposes, you may also read How To File Complaints In NGT.

“A case can be filed before the NGT when the dispute is related to substantial question relating to environment under the NGT Act, 20..”

These were the opening words of Hon’ble Supreme Court in Vineet Kushwaha Vs. Union of India on November 18, 2020. While the full verdict deals with various nuances related to citizen suits and compensation, let’s try to demystify NGT cases related to pollution for citizens:

Litigation before the NGT is a special proceeding where action is sought against persons responsible for environmental damage, abuse of discretionary powers by regulators / authorities, unlawful pollution, restoration of damage to environment, compensation for damage to property or health or seeking directions to authorities / perpetrators to do something.

A pollution problem can be made into an NGT case if it affects you and your legal rights in a way that transcends personal inconvenience. If you’ve been affected by pollution but it is limited to your home, street or building you may need to first approach local agencies.

Air pollution from one neighbor may be a police or municipal matter but continuous air pollution from an illegal industry across a residential area could become an environmental compliance issue.

One drain spilling water on your footpath may be a municipal complaint but sewerage leaking into a lake may befit the NGT.

Advocate BK Singh wants to answer these 3 questions before he recommends going ahead with NGT:

Identifying the correct pollutant, authority and relief is important. Citizens often come with pictures and videos which prove their emotional anguish but not necessarily the legal violation.

NGT wants to see a clear connect between cause of pollution, pollutant, affected area, violation and relief sought.

Yes, citizens can directly file an NGT case if they are aggrieved by environmental pollution or through a representative body or organisation in a matter that can be maintained in a Court of Law. The petition has to demonstrate that the civil case at dispute falls under the NGT’s ambit and has credible evidence with it.

Section 14 reads as follows: “The Tribunal shall have jurisdiction in respect of civil cases with a substantial question relating to environment (including enforcement of any legal right relating to environment) arising out of: any of the laws specified in Schedule I.”

Section 18 would be applicable for citizens: “Persons who may file applications. Applications may be made by any person who has suffered injury, by the owner of the property which has been damaged, by authorised agents, by a representative body or organisation or by any Government Authority, in relation to any matter dealt with under this Act.”

This means that an RWA, citizens group, NGO or citizen affected by pollution can have a cause to file an NGT case depending on facts. A resident facing health hazards because of a drain full of sewage beside their house; farmers affected because of discharge from factories nearby; residents next to a waste dumping site where garbage is burned at night without permission; or tankers dumping industrial effluent into community wells or bore wells may have grounds to approach NGT if facts are legally assessed.

A citizen petition cannot be blanket in nature. A petition that reads “there is increase in pollution in our city” will be weak. But if the same petition is filed with photographs, previous complaints/correpondence with authorities, exact location details, medical diagnosis of affected residents/pets, photo evidence of authority’s failure to take action, details of the source of pollutants and how the plants/animals/ecosystem are getting affected by the pollution, it becomes much stronger.

The principal legislation is National Green Tribunal Act, 2010. The NGT hears civil cases relating to environment disputes, relief, compensation, restitution, appeals and other directions in regard to any of the laws placed in Schedule I to the NGT Act.

Relevant NGT provisions are listed below:

• Section 14. Tribunal’s jurisdiction in environmental disputes
• Section 15. Relief, compensation and restitution by Tribunal
• Section 16. Power to hear appeals from certain orders
• Section 18. Persons who may file applications to Tribunal
• Section 19. Procedure and powers of Tribunal

Principles of natural justice also apply and procedure is not as strict as regular Civil Courts.

Other laws which can be relevant for pollution cases are listed below:

Why section 15 is important for citizens: Relief, compensation and restitution

Advocate BK Singh often counsels citizens to learn the differences between types of pollution problems before filing NGT cases. While the law may overlap, a sewage problem is different than a dust problem from illegal construction. Factory emissions and compensation may need different kinds of documents, involve different parties and have different relief wording. Read about how pollution cases can be handled by speaking to a top pollution control advocate.

Residents, RWAs, housing societies, farmers, shopkeepers, factory neighbours, students, parents, senior citizens, NGOs, environmental groups and any business or citizen impacted by pollution or facing environment legal risk will find this guidance handy.

A resident may need advice if his neighbor unit is emitting toxic smoke at night. An RWA may want action against garbage dumping on society boundary. A school might want relief against dust pollution from nearby construction activity. A village might need guidance on how to file a legal notice against contamination of river or ground water

A business may also require advice. Sometimes companies get written notices from citizens, notices from Pollution Control Boards or NGT proceedings initiated against them for allegedly emitting pollution, mishandling waste or not following environmental clearance rules. Responding to such notices requires a fact-based, well-documented response which is legally sound.

Advocate BK Singh can represent people impacted by environment violations as well as individuals or entities which need environment compliance advice. It depends on facts and who is in the conflict.

Citizens should ideally gather evidence of the pollution, send complaints to relevant authorities if needed, gather evidence of complaint non-response or continuing damage, find out the appropriate respondents and draft an NGT petition with all evidence and reliefs properly compiled.

First stop is always ground zero. Click photographs. Take videos. Dates are important. Keep copies of your complaints. Record the place where pollution occurs. What is the timing of pollution? Is sewage let out every night? Is garbage burned every morning? Note these timings. Patterns matter.

Secondly identify the possible authority and polluter. Often the respondents are the polluting unit itself, local municipal authority, PCB, developer or promoter, district administration, project proponent or any public authority.

Lastly, the drafting of the application matters. The petition should narrate the facts, jurisdiction, environmental damage caused, previous complaints made, documents attached, legal basis for seeking relief and reliefs requested by the Applicant. You don’t want your genuine case turned into a non-serious draft just because you didn’t understand how to draft the NGT petition.

Advocate BK Singh knows how to draft your petition in a language that NGT loves to hear. The language of Technical Environmental Compliance, not just public angst.

Reliefs in an NGT case could include directions for inspection, action to control pollution, restoration of the area, closure orders, removal of garbage or waste from a site, production of compliance/report, compensation for damage caused, assessment of environmental damage or even supervision of the site by public authorities.

For water specific disputes, you may refer to legal remedies for water pollution in India for another legal avenue.

Documents and evidence will decide whether your NGT pollution case is strong or not. Ensure your petition isn’t full of platitudes, WhatsApp screenshots or unsubstantiated oral statements. It should concisely tell the Tribunal that this matter requires legal attention.

Helpful documents include:

• Photographs and Videos of pollution site and affected location
• Copy of complaints sent to authorities on a date wise basis
• Reply received or Non-reply from the authorities
• Map of the location or screenshot of Google map
• Copy of PCB inspection, if available
• Medical reports if health impact is the subject matter of your complaint
• Water testing report / Air Quality Test Report / Expert Report, if you have access to any
• Resolutions from RWA or community signatures, if available
• News paper reports or official/government notices/reports, if they add reliability to your claim
• Proof of Ownership of land/Property or Residence in the affected area or any document showing who you are and that you are affected by the pollution
• Name and details of the polluting unit/project/drain / landfill / construction site/ water body causing pollution
• Copies of previous orders / notices received in relation to the same site from any authority

Advocate BK Singh may also evaluate if you require any technical reports to substantiate your claim. Some cases can be resolved with mere photographs and complaints. Others may require water testing, request for inspection by authorities or technical expert opinion.

Check out procedure for filing petition before NGT for readers interested in understanding basic aspects of filing a petition in Tribunal.

Limitation periods are important in NGT cases. Section 14 allows six months from the date on which the cause of action first arises, although an application can be made for a further period to be granted if sufficient cause is shown. This limited further period is strictly construed. Section 15 allows a longer period for compensation, relief or restitution claims subject to statutory limitation periods.

Appeals under Section 16 have a shorter timeline in practice. The NGT Act allows thirty days from the date of communication of the order or decision, although a further period may be available if sufficient cause is shown.

Limitation is misunderstood by citizens who have continuing pollution issues. If pollution is continuing it may be necessary to carefully frame the facts. However, unnecessary delay is never helpful. Waiting several years to file a petition will only invite difficulty if your complaints go unheeded and you lack a contemporaneous record of your attempts to obtain relief.

The general advice of Advocate BK Singh is to get a legal review early, even where pollution continues despite your written complaints to authorities. It is often possible to send a legal notice, represent before an authority or file a NGT petition that preserves your record and forestalls unnecessary procedural objections.

The weakness of most litigation is revealed long before a complaint becomes irrefutable. Pollution cases become strong because people wait too long, complain casually, gather weak evidence and name incorrect parties.

Typical mistakes include:

• Filing poorly dated petitions without location details or specific source information
• Making oral complaints or sending poor information to local officers
• Failure to retain proof of complaint delivery or follow up
• Upload and rely on blurry photographs with no dates or location provided
• Making exaggerated allegations that cannot possibly be proven
• Naming a single respondent when multiple government agencies are involved
• Failing to consider limitation and urgency
• Naming private parties in an Environmental Dispute where there is no legal right to relief
• Demanding impossible or improper forms of relief
• Filing without first considering whether NGT, High Court, local authority or some other forum can provide faster relief

Advocate BK Singh recommends gathering a file before you file, unless the damage is occurring quickly. Many complaints can be addressed by putting a strong file together, rather than by simply complaining louder.

Your health and home can be at stake if pollution continues unchecked. Health hazards, property risks, decline in quality of life, loss of community confidence, environmental damage and long term ecological deterioration are all possible. Delays can also harm your legal case.

Neighbors may develop respiratory issues if exposed to excessive amounts of smoke or dust. Children and older citizens can become susceptible. Exposure to sewage can harm your drinking water supply, local storm drains and other water bodies. Improper dumping of waste can invite animals, pests, fires and groundwater contamination.

Ignoring the problem can put you under unreasonable pressure. You may feel threatened by local contacts, builder influence, political pressure or backlash from contractors. Some people refuse to take action because they do not want any confrontation. But by not raising your voice you may be allowing illegal pollution to become part of the local environment.

Pollution will not end itself. A polluted drain, illegal dumping site or flytee that is left unchecked becomes considered normal over time. Local authorities may accept the situation as an old issue. Forceful legal action can help bring inspectors, accountability and directions for correction.

Citizens should think about appointing an NGT lawyer when pollution is continuous despite complaints, affects a large group of people, impacts public health, may damage water bodies, stems from a factory or construction project, or requires urgent directions against officials or polluters.

Engage a lawyer at the first instance if:

• Pollution has occurred repeatedly or is continuing
• If your complaints written to authorities have not been acted upon
• If the pollution is caused by a project or factory
• If health of community members, water bodies, agricultural land or livelihoods are affected
• Interim relief is needed from the court or you want directions for inspection
• If you have received a notice from the Pollution Control Board or NGT
• If several residents of your area want to act together against pollution
• If you are confused about where to file the matter: before NGT, the High Court or a local body

Advocate BK Singh can help you understand the maintainability, limitation, evidence needed, parties to be made and relief to be claimed even before you file your complaint. That way you avoid filing a case and losing time.

NGT Lawyers assist citizens, RWAs, NGOs, businesses and affected groups to draft legally viable claims against pollution. This may involve reviewing the facts and evidence, consulting authorities, drafting the petition, helping you file the petition and following up on the orders.

The NGT law team can help you with matters related to air pollution, water pollution, industrial emissions, construction dust, illegal garbage dumping, sewage pollution, environmental clearance problems, wetlands, groundwater depletion and claims for restoration of damage.

Advocate BK Singh prioritizes making your claim practical to pursue and ensuring you have evidence to prove your case. Not every issue needs to be taken up through litigation. Some issues can and should be solved by strong representation. Some cases need to be filed urgently. Some matters require technical input before you take legal action.

Citizens can contact NGT Lawyers here to discuss the facts and documents.