How to File a Complaint against a business/person engaging in pollution?

As a citizen of India, it is our basic right to have a healthy environment to live and sustain our life. But, in the wake of development, the carbon emission is ought to be there.

India is engaging in a lot of green energy development projects and searching for new avenues to find a solution to green energy.

Despite these efforts, India is the third largest polluter in the world and the pollution levels are going to be more because of the rapid development we will undergo in the coming years.

So, as a citizen, we must keep the environment clean and reduce our participation in pollution emissions.

You are also required to make others follow the same, if you find others doing pollution then you have the option to report them to various authorities and action will be taken against them.

In this article, we will discuss How to File a Complaint against a business/person engaging in pollution?

How to File a Complaint against a businessperson engaging in pollution

How to File a Complaint for pollution in Police?

The very first step that is recommended is to file a contact your nearest police station and complaint against the polluter.

This will immediately put an end to the pollution activity and ensure that instant relief is provided to you.

The Indian Penal Code law which is deployed in this case would be Section 268 of IPC, and under this law, FIR must be registered against the polluter.

Indian Penal Code, Section 268-

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.

How to File a Complaint for Pollution in the Central or State Pollution Control Board?

To manage the pollution in the country, the central and state government have established various pollution control boards that deal with the pollution pertaining to that geographical area.

You can file your complaint on those pollution control boards. The following are the process that you should follow to file your complaint with the pollution control board-

Central Pollution Control Board (CPCB)

You can file your complaint by using the following steps on the official website of the Central Pollution Control Board (CPCB)-

  • Visit the official website of the Central Pollution Control Board by following this link- https://cpcb.nic.in/query-form.php
  • Now, a form will appear which you’ll have to fill in with names, mobile numbers, email IDs, etc.
  • You can attach a photograph or video of the incident in the upload documents tab
  • You can now solve the captcha and click on the submit button
  • Your complaint will be registered and your complaint number will be issued using the number will be issued using which you can track your complaint

State Pollution Control Board

Every State Government in India has a Pollution Control Board that looks at matters related to pollution. You can visit the official portal of the state government pollution board and file your complaint there. Make sure to take a photograph or video of the incident to ensure, you have adequate evidence against the cases which will make your case stronger.

How to File a Complaint for pollution in National Green Tribunal?

National Green Tribunal is a specialized court that only deals with cases pertaining to the environment.

It is established to fast-track the cases relating to the environment. You can file your complaint against the person/business in the National Green Tribunal by following these steps-

  • Visit the official website of the National Green Tribunal by following this link- https://www.greentribunal.gov.in/
  • Now, click on the eFillings tab followed by a click on the Applicant Registry option
  • After that, you’ll have to get yourself registered by filling out the registration form with details like name, address, email, Phone number, etc.
  • During the registration process, you’ll also have to verify your phone number and email ID using the OTP method
  • After successful registration, you’ll have to login to your account using the login credentials which you’ll receive via SMS and Email
  • Now, login to your account using your login credentials
  • After logging in, fill out the application form and enter your complaint in the given field also attach any evidence or documents in your support
  • You’ll have to visit the tribunal at the designated time and venue preferably with a lawyer and make an appeal to the tribunal to accept your petition.