Practice Area
Environmental Law
Protecting rights through environmental regulations
Cases disposed by NGT since its inception in 2010
Environmental compensation ordered by NGT in landmark cases
Categories of industries requiring pollution control consent
NGT benches across India for accessible environmental justice
Overview
Environmental law in India has evolved into one of the most dynamic and consequential areas of legal practice, driven by the constitutional mandate under Article 48A (Directive Principle for environmental protection) and Article 51A(g) (Fundamental Duty to protect the natural environment). The legislative framework is anchored by the Environment Protection Act, 1986, which empowers the Central Government to take sweeping measures for environmental protection, and is supplemented by sector-specific statutes such as the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and the Forest Conservation Act, 1980. India's environmental jurisprudence is notable for the expansive interpretation of the right to a clean environment as part of the right to life under Article 21 of the Constitution.
The establishment of the National Green Tribunal (NGT) in 2010 under the National Green Tribunal Act marked a paradigm shift in environmental adjudication in India, creating a specialized forum for the expeditious disposal of cases relating to environmental protection, conservation of forests, and enforcement of legal rights relating to the environment. The NGT has original jurisdiction over all civil cases involving substantial questions relating to the environment, and its orders are binding and enforceable. Industrial projects, mining operations, infrastructure development, and real estate ventures are all subject to rigorous Environmental Impact Assessment (EIA) notifications, and non-compliance can result in closure orders, heavy penalties, and criminal prosecution.
Our environmental law practice provides end-to-end legal support to industries, project proponents, municipal bodies, NGOs, and individuals navigating the complex regulatory landscape. From obtaining environmental clearances under the EIA Notification, 2006, to defending actions before the NGT and State Pollution Control Boards, we combine regulatory expertise with litigation strength. We also advise on emerging areas such as carbon credit trading, Extended Producer Responsibility (EPR) under waste management rules, and compliance with the Biological Diversity Act, 2002 for access and benefit-sharing obligations.
Governing Framework
Key Legislation & Statutes
What We Offer
Our Environmental Law Services
Environmental Clearance & EIA Advisory
Comprehensive assistance in preparing and filing applications for Environmental Clearance (EC) under the EIA Notification, 2006, including coordination with accredited consultants for EIA reports, public hearing preparation, and representation before Expert Appraisal Committees (EAC) and State Expert Appraisal Committees (SEAC).
NGT Litigation & Representation
Filing and defending original applications, appeals, and execution petitions before the Principal Bench and Zonal Benches of the National Green Tribunal, including environmental compensation claims and restoration orders.
Pollution Control Board Compliance
Assisting industries and establishments in obtaining Consent to Establish (CTE) and Consent to Operate (CTO) from State Pollution Control Boards, responding to show-cause notices, and challenging closure directions before appellate authorities.
Forest & Wildlife Clearances
Navigating the approval process for diversion of forest land for non-forest purposes under the Forest Conservation Act, 1980, and obtaining permissions under the Wildlife Protection Act, 1972 for projects near protected areas and eco-sensitive zones.
Waste Management & EPR Compliance
Advisory on compliance with Solid Waste Management Rules, 2016, Plastic Waste Management Rules, 2016, E-Waste Management Rules, 2016, and Hazardous and Other Wastes Management Rules, 2016, including Extended Producer Responsibility (EPR) registration and annual filings.
Carbon Credit & Sustainability Advisory
Legal guidance on carbon credit mechanisms, voluntary carbon market participation, green bond issuance compliance, and ESG regulatory frameworks applicable to Indian businesses, including SEBI's Business Responsibility and Sustainability Reporting (BRSR) requirements.
Biodiversity & Benefit-Sharing Compliance
Advising companies accessing biological resources or traditional knowledge on obtaining approvals from the National Biodiversity Authority (NBA) and State Biodiversity Boards, and structuring benefit-sharing agreements under the Biological Diversity Act, 2002.
Environmental Litigation & Public Interest
Representing communities, NGOs, and individuals in public interest environmental litigation, including actions against illegal mining, deforestation, water body encroachment, and industrial pollution affecting public health.
Jurisdictions
Relevant Courts & Forums
Quick Reference
Services at a Glance
Common Questions
Frequently Asked Questions
What types of projects require Environmental Clearance in India?
Under the EIA Notification, 2006, projects listed in its Schedule are categorized as Category A (requiring Central Government clearance via the MoEFCC) and Category B (requiring State-level clearance via SEIAA). These include industrial projects like thermal power plants, mining operations, cement plants, and infrastructure projects like highways, ports, airports, and townships exceeding specified thresholds. Category B projects are further divided into B1 (requiring EIA study) and B2 (exempt from EIA study but requiring clearance). Operating without the required EC is a punishable offence under the Environment Protection Act, 1986.
How do I file a complaint at the National Green Tribunal?
Any person aggrieved by an act or omission causing environmental damage can file an original application before the NGT under Section 14 or Section 15 of the National Green Tribunal Act, 2010. The application must be filed within the limitation period (generally 5 years from the date of the cause of action) and must include details of the environmental violation, the relief sought, and supporting documents. Filing can be done at the Principal Bench in New Delhi or at any of the four Zonal Benches (Bhopal, Pune, Kolkata, Chennai). No court fee is required for individuals, though a nominal fee applies to corporate entities.
What are the penalties for violating pollution control norms in India?
Violations of the Water Act and Air Act can attract imprisonment up to six years and fines, with continuing offences attracting additional penalties of up to Rs. 5,000 per day. Under the Environment Protection Act, 1986, violations carry imprisonment up to five years and fines up to Rs. 1,00,000, with continuing offences attracting Rs. 5,000 per day. The NGT can also impose environmental compensation running into crores of rupees. State Pollution Control Boards have the power to issue closure directions, disconnect water and electricity supply, and revoke Consent to Operate.
Can the NGT order compensation for environmental damage?
Yes, the NGT has wide powers under Section 15 of the NGT Act to order relief and compensation to victims of pollution and environmental damage, and to direct restitution of the damaged environment. The Tribunal applies the 'polluter pays' principle and the 'precautionary principle' while assessing compensation. The NGT has ordered environmental compensation running into hundreds of crores in landmark cases involving river pollution, illegal sand mining, and unauthorized construction in eco-sensitive areas.
Is Environmental Clearance required for real estate and construction projects?
Yes, building and construction projects and townships with a built-up area of 20,000 sq. meters or more, or involving an area of 50 hectares or more for townships, require prior Environmental Clearance under the EIA Notification, 2006. Projects falling below these thresholds may still need compliance with state-level environmental regulations, Coastal Regulation Zone (CRZ) norms if near the coast, and local pollution control requirements. RERA-registered projects must also disclose their EC status.
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