Steel and sponge iron, power, cement, coal and other mineral projects make up much of Chhattisgarh's industry, and each is regulated as a source of pollution. For these units environmental law works through approvals, conditions, returns and inspections, and a gap in any one of them can halt production. The work of environmental lawyers is to get the approvals right at the start and keep them in order through the life of the plant.
Environmental clearance under the EIA Notification, 2006
Projects listed in the schedule to the EIA Notification, 2006 need prior environmental clearance before construction or expansion. Category A projects are appraised and cleared by the Ministry of Environment, Forest and Climate Change, and Category B projects by the State Environment Impact Assessment Authority after an initial screening. The process then runs through scoping, the EIA study, a public hearing for most projects, and appraisal, with applications made on the PARIVESH portal.
Clearance comes with conditions, and compliance is reported every six months. Expansions, changes in product mix and increases in capacity may need an amendment or a fresh clearance, and carrying them out before approval exposes the unit to enforcement.
Pollution control board consents
Under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981, industrial units need consent to establish before construction and consent to operate before production. In Chhattisgarh these come from the Chhattisgarh Environment Conservation Board, the State's pollution control board. Units are classed red, orange, green or white by pollution potential, which shapes the conditions and validity of consents, and white units need none.
Alongside consents sit hazardous waste authorisations, the annual environmental statement due by 30 September, and continuous emission monitoring for highly polluting industries. The Board enforces through inspections, show cause notices and closure directions under Section 33A of the Water Act and Section 31A of the Air Act, including disconnection of electricity and water. Since the Jan Vishwas (Amendment of Provisions) Act, 2023, many contraventions of the Air Act and the Environment (Protection) Act, 1986 attract monetary penalties imposed by an adjudicating officer rather than prosecution.
Forest clearance and the National Green Tribunal
Using forest land for a mine, plant, road or transmission line needs the Central Government's prior approval under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, the name the 2023 amendment gave to the Forest (Conservation) Act, 1980. Approval comes in two stages, with conditions such as compensatory afforestation, payment of net present value and compliance with the Forest Rights Act, 2006. For mining and power projects this runs alongside our infrastructure and energy work.
The National Green Tribunal hears appeals against environmental clearances, forest approvals and orders under the Water and Air Acts, and applications raising substantial questions relating to the environment. Chhattisgarh falls within its Central Zone Bench at Bhopal. Appeals must generally be filed within thirty days and original applications within six months, with limited power to condone delay, and the Tribunal's orders can be appealed to the Supreme Court within ninety days.
Environmental compliance audits
A compliance audit checks the unit against its approvals before an inspector or a petitioner does, and its findings feed into the board's wider governance and compliance reporting. It usually examines:
- whether each clearance, consent and authorisation is current and matches actual capacity and products
- six-monthly clearance compliance reports and the annual environmental statement
- emission and effluent monitoring data against consent limits
- hazardous waste, fly ash and other waste records
- pending notices, directions and litigation
A unit that has received a notice, or is planning an expansion, can write to the firm through the contact page.
What the practice handles
- Environmental clearance applications, amendments and expansion approvals
- Consent to establish and consent to operate from the Chhattisgarh Environment Conservation Board
- Forest clearance under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980
- Hazardous waste, fly ash and extended producer responsibility compliance
- Environmental compliance audits and clearance compliance reporting
- Replies to show cause notices and closure directions
- Appeals and original applications before the National Green Tribunal
- Defence of environmental compensation and penalty proceedings
- Wildlife clearance for projects near protected areas
Where these matters are heard
- Chhattisgarh Environment Conservation Board, and the appellate authority under the Water and Air Acts
- Ministry of Environment, Forest and Climate Change and the State Environment Impact Assessment Authority
- National Green Tribunal, Central Zone Bench, Bhopal
- Supreme Court of India, on appeal from the NGT
Questions about Environment
What is the difference between environmental clearance and consent to operate?
Environmental clearance is a prior approval under the EIA Notification, 2006 for projects listed in its schedule, granted by the Ministry or the State Environment Impact Assessment Authority after appraisal. Consent to establish and consent to operate are granted by the State pollution control board under the Water and Air Acts, apply to a much wider range of units, and must be renewed.
How long do I have to appeal to the NGT?
An appeal against an environmental clearance, a forest approval or an order under the Water or Air Act must be filed within thirty days of the order being communicated, and the Tribunal can allow a further sixty days for sufficient cause. Original applications on substantial environmental questions must be filed within six months of the cause of action first arising, extendable by sixty days.
Which NGT bench hears cases from Chhattisgarh?
Cases arising in Chhattisgarh are heard by the Central Zone Bench of the National Green Tribunal at Bhopal, which also covers Madhya Pradesh and Rajasthan. The Tribunal's Principal Bench sits in New Delhi. Appeals against an order of any bench lie to the Supreme Court within ninety days of the order being communicated.
What can a unit do after a closure direction?
A closure direction under Section 33A of the Water Act or Section 31A of the Air Act can shut a unit down and be enforced by cutting off electricity and water. The unit can ask the Board to revoke it by showing that the defects have been corrected, and can challenge it in appeal, which for directions under the Water Act lies directly to the NGT.
A question that is not answered here? Send it to the firm.
This page describes the law in general terms as of 24 September 2026. It is not legal advice. The outcome of any matter depends on its facts, and the firm does not guarantee results.
