Every industrial project, infrastructure development and real-estate undertaking in India must navigate a layered environmental regulatory framework — clearances, consents, forest approvals and waste-management obligations — before construction begins. Non-compliance invites NGT proceedings, closure orders and criminal prosecution.
India’s environmental regulatory framework operates through multiple statutes, multiple regulators and multiple adjudicatory bodies. A single industrial project may require an environmental clearance from the MoEFCC or SEIAA under the EIA Notification 2006, a forest clearance under the Forest (Conservation) Act 1980, a Consent to Establish and a Consent to Operate from the State Pollution Control Board under the Water Act 1974 and the Air Act 1981, and compliance with the Hazardous Waste Rules, the Plastic Waste Rules and the CRZ Notification 2019.
The National Green Tribunal, constituted under the NGT Act 2010, has emerged as an active and interventionist adjudicatory body. It exercises original jurisdiction over environmental disputes, appellate jurisdiction over clearance orders and has imposed substantial environmental compensation in cases of non-compliance. AMLEGALS advises across this entire framework — from pre-project clearance strategy to operational compliance to NGT defence — with the understanding that environmental law is no longer a secondary compliance obligation but a determinative one.
Advising on the EIA process, clearance applications, public consultations and conditions compliance for Category A and Category B projects.
Obtaining Consent to Establish and Consent to Operate from State Pollution Control Boards and managing renewal and compliance conditions.
Representing industries, developers and public bodies before the National Green Tribunal in original and appellate proceedings.
Advising on applications under the Forest (Conservation) Act 1980 and the compensatory afforestation framework.
Structuring compliance with the Hazardous and Other Wastes Rules 2016, Plastic Waste Management Rules 2016 and Extended Producer Responsibility obligations.
Conducting environmental legal due diligence for M&A transactions, infrastructure projects and industrial acquisitions.
India’s environmental law framework is anchored in the Environment (Protection) Act 1986, which empowers the Central Government to take measures for environmental protection. The principal subordinate legislations include the EIA Notification 2006 (environmental clearances), the Water (Prevention and Control of Pollution) Act 1974, the Air (Prevention and Control of Pollution) Act 1981, the Forest (Conservation) Act 1980, the Hazardous and Other Wastes (Management and Transboundary Movement) Rules 2016, the CRZ Notification 2019 and the Plastic Waste Management Rules 2016. The National Green Tribunal Act 2010 establishes the NGT as the principal adjudicatory body.
The EIA Notification 2006, issued under the Environment (Protection) Act 1986, requires prior environmental clearance for projects listed in its Schedule. Projects are classified as Category A (cleared by the MoEFCC) or Category B (cleared by the State Environment Impact Assessment Authority). Category B is further divided into B1 (requiring EIA) and B2 (exempt from EIA). The clearance process involves screening, scoping, public consultation, EIA preparation and appraisal.
The NGT, established under the National Green Tribunal Act 2010, has jurisdiction over civil cases involving substantial questions relating to the environment, including enforcement of environmental rights, compensation for environmental damage and appeals against orders granting or refusing environmental clearances. The NGT has original jurisdiction (Section 14) and appellate jurisdiction (Section 16) and can impose environmental compensation and restoration directions.
Any industrial unit that discharges effluent or emits air pollutants requires a Consent to Establish (CTE) before construction and a Consent to Operate (CTO) before commencing operations, under the Water Act 1974 and the Air Act 1981. The State Pollution Control Board (or the CPCB for Union Territories) grants these consents subject to conditions on emission standards, effluent treatment, waste disposal and monitoring requirements.
Non-compliance can result in closure directions by the Pollution Control Board, cancellation or suspension of environmental clearances by the MoEFCC or SEIAA, environmental compensation imposed by the NGT, criminal prosecution under Section 15 of the Environment (Protection) Act 1986 (imprisonment up to five years and fine up to ₹1 lakh for the first offence, with enhanced penalties for continuing offences), and civil liability for environmental damage.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing.
Share the project details, clearance requirement or NGT proceeding for a confidential assessment.