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Air Pollution Complaint Guide India — CPCB SAMEER, NGT (2026)
Quick Reply: Industrial smoke, vehicle pollution, garbage burning? CPCB SAMEER app + NGT + state PCB + Air Act 1981 — full citizen complaint and enforcement guide 2026.
A Delhi-NCR resident watches AQI cross 450 day after day in winter, with factory emissions in Sahibabad and unauthorised plastic burning in Loni feeding the haze. India's air-pollution complaint framework gives citizens real tools — the CPCB SAMEER mobile app, National Green Tribunal (NGT) direct filing, State Pollution Control Boards with closure powers, and the Air (Prevention and Control of Pollution) Act, 1981 backed by the Environment (Protection) Act, 1986. This page explains how to actually use them.
Direct answer (featured snippet)
To complain about air pollution in India: (1) report the source on the CPCB SAMEER mobile app (app.cpcbccr.com); (2) file a written complaint with your State Pollution Control Board — KSPCB (Karnataka), MPCB (Maharashtra), DPCC (Delhi), and so on; (3) file before the NGT at greentribunal.gov.in for a stay and compensation; (4) file an FIR under Environment (Protection) Act, 1986 §15 + BNS, 2023 §270 (public nuisance) for persistent violations; (5) for industrial sources, ask the State PCB to revoke consent to operate under Air Act, 1981 §31A; (6) file an RTI under §6(1) of the RTI Act, 2005 to the State PCB for emission-monitoring data; (7) for systemic enforcement failure, move the High Court under Article 226 (writ / PIL).
In this guide
What counts as air pollution
- Industrial smoke / fumes from factories.
- Vehicle emissions beyond standards.
- Construction dust / debris.
- Garbage burning (waste, plastic, leaves).
- Diesel generator emissions.
- Brick-kiln smoke.
- Power plant fly-ash.
- Crop / stubble burning.
- Domestic burning (wood, coal).
- Petrol pump / fuel storage emissions.
- Crematorium emissions without filtration.
Indicators that pollution is actionable
- AQI > 200 sustained at the source.
- PM2.5 > 60 µg/m³ (24-hour mean).
- PM10 > 100 µg/m³ (24-hour mean).
- NOx > 80 µg/m³.
- SO2 > 80 µg/m³.
- O3 > 100 µg/m³ (8-hour mean).
These thresholds follow National Ambient Air Quality Standards (NAAQS) 2009 notified by CPCB under the Air Act, 1981.
Statutory framework — Air Act + EPA + NCAP
Air (Prevention and Control of Pollution) Act, 1981
- §17 — functions of the State Pollution Control Boards (SPCBs) — planning comprehensive programmes for prevention, control and abatement of air pollution, and advising the State Government.
- §19 — declaration of air-pollution-control areas by the State Government after consulting the SPCB; operating an industrial plant in a control area requires consent.
- §21 — consent to operate from the SPCB; operating without consent is illegal.
- §31A — power of the Board to issue written directions, including closure, prohibition or regulation of any industry, operation or process.
- §37 — failure to comply with §21/§22 or with §31A directions: imprisonment not less than one year and six months and up to six years, with fine (up to seven years if the failure continues beyond one year after conviction), plus an additional fine up to ₹5,000 per day of continuing failure.
Environment (Protection) Act, 1986
- §3 — Central Government powers to take measures for protecting and improving the environment.
- §5 — issuance of closure / prohibition or regulation orders.
- §15 — penalty for contravention: imprisonment up to five years with fine up to ₹1 lakh, or both; continuing contravention after conviction attracts an additional fine of ₹10,000 per day.
Water (Prevention and Control of Pollution) Act, 1974
If the source is also discharging effluent (for example a factory emitting smoke and releasing liquid waste), the same SPCB enforces the Water Act, 1974 in parallel. SPCBs issue a combined consent-to-operate under both Acts.
National Clean Air Programme (NCAP)
Launched January 2019. 131 non-attainment cities across 24 States/UTs are covered for city-specific action plans. The target was revised in September 2022 to 40% reduction in PM10 levels by 2025-26 over the 2017 baseline (the original target was 20-30% by 2024).
Commission for Air Quality Management (CAQM)
For Delhi-NCR and adjoining areas. Constituted under the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021, with direct enforcement powers that override multiple earlier agencies in the NCR.
State Action Plans
Each State has an air-pollution control plan and a network of Continuous Ambient Air Quality Monitoring Stations (CAAQMS) that feed live data to the CPCB AQI dashboard.
CPCB SAMEER + state PCB
CPCB SAMEER app
- Free download: Play Store + App Store.
- Reports: garbage burning, industry, vehicle, dust.
- GPS-based location of the source.
- Routes the complaint to the State PCB.
State PCB portals
- Karnataka KSPCB — kspcb.karnataka.gov.in
- Maharashtra MPCB — mpcb.gov.in
- Delhi DPCC — dpcc.delhi.gov.in
- Uttar Pradesh UPPCB — uppcb.up.gov.in/en
- Tamil Nadu TNPCB — tnpcb.gov.in
Real-time AQI
CPCB AQI dashboard: app.cpcbccr.com/AQI_India/
The complaint escalation ladder
- Step 1 — Document: SAMEER app + State PCB portal complaint with photographs, GPS and timestamp.
- Step 2 — PCB inspection: typically a site visit by an SPCB inspector on a routine timeline set by each Board.
- Step 3 — Escalate within the SPCB: if there is no action, write to the Member Secretary of the State Board with the complaint reference.
- Step 4 — NGT online filing: if the source continues, file before the NGT.
- Step 5 — Civil suit / consumer forum: for landlord or RWA-related disputes (a separate route, not a substitute for PCB action).
- Step 6 — High Court writ / PIL: for systemic enforcement failure.
NGT — your fastest enforcement
Filing
greentribunal.gov.in → e-filing → category Air Pollution.
Documents
- Photographs / videos of source.
- AQI readings from the SAMEER app / CPCB dashboard.
- State PCB complaint copy and any reply.
- FIR copy (if filed).
- Health-impact statements / medical records.
- Property damage evidence (if applicable).
NGT orders
The NGT exercises jurisdiction under §14 of the NGT Act, 2010 (civil disputes involving environmental pollution) and may grant relief and compensation under §15, including:
- Stay on operations of the polluting unit.
- Compensation per affected household / individual on proof.
- Closure / relocation / direction to install scrubbers or pollution-control equipment.
- Recovery of compensation on the polluter pays principle.
- Personal liability of responsible officers of a company.
Sample complaint + FIR + NGT petition
State PCB complaint
The Member Secretary
[State] Pollution Control Board
Sub: Complaint of air pollution at [Address]
I, [Name], submit:
1. The [factory / construction / garbage-burning /
generator / brick-kiln] at [Address] is emitting
[smoke / dust / odour / fumes] continuously since
DD-MM-2026.
2. Photographs + videos at Annexures A, B.
3. Site AQI readings (CPCB SAMEER app):
- DD-MM-2026 HH:MM: AQI _____ (PM2.5 _____,
PM10 _____)
- DD-MM-2026 HH:MM: AQI _____
These are sustained above NAAQS limits.
4. The source's "consent to operate" status is unclear
— I have filed RTI for the same.
5. Health impacts in our colony: respiratory issues,
eye irritation, school children with asthma flares.
I request:
(a) Immediate site inspection by your inspector.
(b) Closure / "consent to operate" revocation
under Air Act, 1981 §31A.
(c) Stop-work / scrubber installation order.
(d) Penalty + compensation.
Filed concurrently:
(i) FIR under BNS, 2023 §270 + §271 and EPA, 1986 §15.
(ii) NGT petition.
[Name, address, contact]
DD-MM-2026
NGT petition skeleton
IN THE NATIONAL GREEN TRIBUNAL, [Bench] Application No. _________ of 2026 [Applicant Name] ... Applicant vs. 1. [Polluting Source] ... Respondent 2. State Pollution Control Board ... Respondent 3. CPCB ... Respondent 4. District Magistrate ... Respondent PETITION UNDER NGT ACT, 2010 §14 + §15 [Pleadings — facts, environmental damage, health impact, prayer for stay, closure, compensation.] Annexures: A — AQI / SAMEER app reports B — Photographs/videos C — Health impact statements D — State PCB complaint E — FIR copy DD-MM-2026
Filing an RTI to PCB
PIO, [State] Pollution Control Board Sub: Application under §6(1) of the RTI Act, 2005 Please furnish: 1. Whether [source/establishment] at [Address] holds consent to operate under Air Act, 1981 §21, and the date and validity of such consent. 2. Latest emission-monitoring report (PM2.5, PM10, NOx, SOx, CO). 3. Number of complaints received against this source in the last 24 months and action taken on each. 4. Whether any closure / penalty / show-cause notice has been issued. 5. The State PCB inspection schedule for this source for the last two financial years. A reply is requested under §7(1) within 30 days. [Name, address, contact] DD-MM-2026
Case-law touchpoints
Subhash Kumar v. State of Bihar, (1991) 1 SCC 598 — the right to life under Article 21 includes the right to clean air and water. Vellore Citizens Welfare Forum v. Union of India, (1996) 5 SCC 647 — adopted the polluter pays and sustainable development principles. The M.C. Mehta v. Union of India line of judgments (Oleum Gas, Taj Trapezium) built the foundations of Indian air-pollution jurisprudence.
Sources & internal links
- CPCB — cpcb.nic.in
- CPCB SAMEER app — app.cpcbccr.com
- NGT — greentribunal.gov.in
- CAQM (Delhi-NCR) — caqm.nic.in
- NCAP — National Clean Air Programme (CPCB / MoEFCC)
- Air (Prevention and Control of Pollution) Act, 1981 — §17, §19, §21, §31A, §37
- Environment (Protection) Act, 1986 — §3, §5, §15
- Water (Prevention and Control of Pollution) Act, 1974
- NGT Act, 2010 — §14, §15
- BNS, 2023 — §270, §271
Related RTI Wiki pages:
- AI RTI Drafter — draft an RTI to your State PCB
FAQ
Can I file a CPCB SAMEER complaint anonymously?
SAMEER accepts reports without publishing your name, but you need a verified mobile number and email for follow-up.
Garbage burning is a one-time event. Is it worth complaining?
Yes. Open burning of solid waste is prohibited under the Solid Waste Management Rules, 2016, and the local body / SPCB can levy a fine for each event. A documented pattern of complaints helps build a case.
My neighbour runs a small business with a chimney. Can I act?
If emissions at your window breach NAAQS limits, yes. The State PCB can inspect, sample and issue a closure or scrubber-fitting order under Air Act, 1981 §31A.
Vehicle pollution — is the vehicle owner liable?
Yes. The RTO can fine or de-register a vehicle for emission violations. A valid Pollution Under Control (PUC) certificate is mandatory under the Motor Vehicles Act, 1988.
Can the NGT order industry closure?
Yes — the NGT can grant a stay or order closure, restitution and compensation under §14 and §15 of the NGT Act, 2010.
How quickly does the State PCB respond?
There is no statutory deadline for the PCB to act on a pollution complaint. The practical route is to escalate in writing, then file an RTI for action status, and approach the NGT if the source continues.
Stubble burning — what can I do as a citizen of NCR?
Report to the CAQM, the State PCB of the source State, and the NGT. CAQM issues directions and penalties for stubble burning in the NCR and adjoining areas.
What is the difference between CAQM and CPCB?
CPCB is the Central regulator for all of India. CAQM is the statutory body for Delhi-NCR and adjoining areas with direct enforcement powers under the CAQM Act, 2021.
Can I claim compensation for asthma / respiratory illness?
Yes — the NGT can award compensation on proof of medical impact and sustained exposure to the source, applying the polluter-pays principle under §15.
The factory has "consent to operate" — am I out of options?
No. Consent comes with emission conditions; breaching NAAQS or the consent limit is itself a violation, and is ground for revocation under Air Act, 1981 §31A.
Myth vs reality
| Myth | Reality |
|---|---|
| “Air pollution is an unsolvable individual issue.” | The Air Act, 1981 + EPA, 1986 + NGT Act, 2010 give citizens real statutory recourse. |
| “An industrial source with consent is untouchable.” | Consent has conditions; emissions breaching limits attract revocation under §31A. |
| “Only Delhi has air-pollution rules.” | NCAP covers 131 cities; every State has an SPCB. |
| “The SAMEER app doesn't work.” | SAMEER forwards complaints to the State PCB; track the reference number. |
| “NGT compensation is symbolic.” | NGT routinely awards compensation on the polluter-pays principle on proof of damage. |
| “Burning leaves is normal.” | The Solid Waste Management Rules, 2016 prohibit open burning; fines apply. |
Last reviewed: 17 July 2026.
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