If you are stuck in such a situation, here is what to do.

Residents of Chandanpur, a serene coastal village in the Aravalli district of the state of Aryavarta, are facing a significant environmental challenge. The Suryanagar Municipal Corporation has initiated the construction of a large-scale Solid and Liquid Waste Management (SLWM) plant. The chosen location is alarmingly close to the banks of the Pavitra River, which flows through a delicate mangrove forest ecosystem.

This area is not only a vital natural habitat but is also designated as a Coastal Regulation Zone (CRZ) buffer area. It serves as a popular destination for tourism and recreational activities like kayaking, cherished by both locals and visitors. The construction of a waste management facility in such a sensitive zone poses a severe threat of air and water pollution, which could lead to foul odours, health hazards for nearby residents, and the contamination of the river with toxic leachate. This would irrevocably damage the natural beauty and ecological balance of the region.

Despite repeated appeals by the residents to the municipal corporation and local elected representatives, their concerns have been ignored, and the construction work continues unabated, even while the matter is reportedly pending in court. This situation highlights a critical conflict between urban development and environmental protection.

Advice in such cases

When faced with such a situation where administrative bodies appear to be violating environmental norms, citizens have several legal and procedural avenues to pursue:

• Gather Comprehensive Evidence: Collect all possible proof, including photographs and videos of the construction site, the surrounding environment, and any visible signs of damage. Document the timeline of events meticulously.
• Form a Collective Body: Uniting as a residents’ welfare association or an environmental action group can amplify your voice and make your efforts more organised and impactful.
• Utilise the Right to Information (RTI) Act: File RTI applications with the municipal corporation, the State Pollution Control Board, and the Ministry of Environment, Forest and Climate Change. Request copies of the Environmental Impact Assessment (EIA) report, CRZ clearances, building permits, and minutes of the meetings where the project was approved.
• Approach the National Green Tribunal (NGT): The NGT is a specialised judicial body for handling environmental cases. It has the power to issue stay orders to halt construction and can impose heavy penalties for environmental violations.
• File a Public Interest Litigation (PIL): If the issue involves a substantial public interest, a PIL can be filed in the High Court or the Supreme Court of India.
• Engage with Media and Environmental NGOs: Public awareness can create pressure on the authorities. Collaborating with non-governmental organisations working on environmental issues can provide expert guidance and support.
• **Consult with Lawyer**: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Several environmental and general laws are pertinent in such cases:

• The Environment (Protection) Act, 1986: This is the umbrella legislation for environmental protection in India. Any project that violates its provisions or the rules made under it, such as the EIA Notification, can be challenged.
• Coastal Regulation Zone (CRZ) Notifications: These notifications, issued under the Environment (Protection) Act, regulate activities in coastal areas. Construction of the kind described is often prohibited or strictly regulated in CRZ areas, especially in ecologically sensitive zones like mangrove forests.
• The Water (Prevention and Control of Pollution) Act, 1974 & The Air (Prevention and Control of Pollution) Act, 1981: These acts empower the State Pollution Control Boards (SPCBs) to prevent and control pollution. The project would require a ‘Consent to Establish’ and ‘Consent to Operate’ from the SPCB, which can be denied if environmental norms are not met.
• The National Green Tribunal Act, 2010: This Act establishes the NGT and gives it jurisdiction over all civil cases where a substantial question relating to the environment is involved.
• Bharatiya Nyaya Sanhita, 2023 (BNS): Section 290 of the BNS, which deals with public nuisance, can be invoked if the project causes common injury, danger, or annoyance to the public.
• Constitutional Provisions: Article 21 of the Constitution of India has been interpreted by the Supreme Court to include the right to a clean and healthy environment as a fundamental right. Article 51A(g) imposes a fundamental duty on every citizen to protect and improve the natural environment.

If you are the complainant

As the person or group initiating the legal action, you should take the following organised steps:

• Systematic Documentation: Maintain a detailed file of all communications, RTI replies, photographs, news clippings, and other evidence.
• Formal Representation: Submit a formal, written complaint to the State Pollution Control Board, the District Collector, and the concerned ministry, clearly outlining the violations and attaching supporting evidence.
• Seek an Injunction: The primary goal is to stop the illegal construction immediately. Your legal representative should file for an interim injunction or stay order from the NGT or the High Court.
• **Consult with Lawyer**: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are a resident whose health, property, or livelihood is directly and adversely affected by the project, your position is that of a victim. Your approach should include:

• Document Personal Harm: If you or your family members are suffering from health issues due to pollution from the site, obtain medical records and certificates linking the illness to the environmental conditions.
• Assess Property Damage: If the project is causing a decline in your property’s value or damaging your agricultural land or water source, get it assessed by a qualified expert.
• Claim Compensation: The NGT has the power to award compensation for damages to victims of pollution and environmental degradation.
• **Consult with Lawyer**: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In environmental disputes, the police have a limited role. This is not a conventional criminal matter unless it involves specific offences like criminal trespass or mischief during protests. The police are primarily responsible for maintaining law and order. They will typically not intervene in the construction unless directed to do so by a court or a competent authority like the District Magistrate. Their main role would be to enforce a stay order issued by the NGT or a court. The primary enforcement agencies are the Pollution Control Board and other environmental authorities.

FAQs people normally have

What evidence is required?

Strong evidence is crucial for winning an environmental case. Key pieces of evidence include:

• Official documents obtained through RTI, such as project plans, environmental clearances (or lack thereof), and land records.
• High-quality, dated photographs and videos of the construction site and the affected environment.
• Water and soil sample analysis reports from accredited laboratories showing pollution levels.
• Expert opinions and reports from environmental scientists, geologists, or ecologists.
• Statements and affidavits from affected residents and local witnesses.
• Google Earth imagery or satellite maps showing the state of the area before and after the construction began.

How long will the investigation take?

The duration of legal proceedings in environmental cases can vary significantly. While a final judgment from the NGT or courts can take several months or even years, immediate relief is often possible. An experienced lawyer can effectively argue for an urgent interim stay on the construction, which can be granted within a few weeks of filing the case. This immediate relief is critical as it prevents further damage while the case is being heard on its merits. The overall timeline depends on the complexity of the case, the evidence presented, and the procedural requirements of the court or tribunal.

Advocate Sudhir Rao, Supreme Court of India