Environmental Law

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Environmental Law

Diwan Advocates

Environment Law Practice

A power project obtains an environmental clearance. Environmental activists challenge it before the NGT, arguing that the public hearing was not conducted properly and that a significant ecological impact was not assessed. The developer's investment depends on this clearance surviving. The challenge has merit in one specific respect that the developer did not anticipate. The outcome turns on whether that defect is material enough to warrant setting aside the clearance or whether it can be cured without starting again.

A factory receives a closure notice from the State Pollution Control Board. The notice says the factory is discharging effluents in excess of the prescribed standards. The factory's directors are personally liable under the Water Act if the violation is proved. The factory disputes the test results and believes the sampling procedure was not followed correctly. The closure notice must be challenged quickly or operations stop.

Environmental law in India is constitutionally grounded, technically demanding, and enforced by a tribunal that has shown it is willing to act against both private parties and government authorities. At Diwan Advocates, we advise on environmental clearances, pollution control compliance, NGT proceedings, forest and coastal approvals, and the emerging climate and ESG regulatory framework.

Environmental Clearances and the EIA Process

The EIA Notification, 2006 requires prior environmental clearance for specified categories of projects before construction or operation begins. Category A projects are assessed at the national level by MoEFCC. Category B projects are assessed by State EIA Authorities. The process involves: scoping of the Terms of Reference, the EIA study, a mandatory public hearing for most projects, appraisal by the Expert Appraisal Committee, and grant or refusal of clearance.

Post-clearance compliance is as important as obtaining the clearance. Conditions relating to pollution control, monitoring, and green belt development must be reported on at prescribed intervals. Violations of clearance conditions can result in suspension or revocation. We advise on structuring EIA submissions, managing public hearings, responding to EAC queries, and challenging conditions that are disproportionate or unlawful.

Cross-Law Note: Environmental clearances obtained by suppression of material facts can be revoked at any stage. Project lenders and equity investors conduct environmental due diligence to verify that clearances are properly obtained and compliant. An environmental closure order affecting a project asset triggers both compliance obligations and security enforcement issues under the project finance documents. We advise on both the environmental and financing dimensions.

Forest, Wildlife, and Coastal Clearances

Any project diverting forest land requires Central Government approval under the Forest Conservation Act. Forest rights under the Forest Rights Act, 2006 must be settled and gram sabha consent obtained before diversion. Projects near Protected Areas require NBWL clearances. Coastal development requires CRZ clearance from MoEFCC or State Coastal Zone Management Authorities. Linear projects such as highways and pipelines must co-ordinate all three clearance types simultaneously.

Pollution Control Enforcement

Industries require Consent to Establish and Consent to Operate from the State PCB under the Water Act, 1974 and Air Act, 1981. Operating without consent or violating consent conditions is a criminal offence. Directors of a company that violates pollution control laws are personally liable if the violation occurred with their consent, connivance, or due to their neglect.

The National Green Tribunal

The National Green Tribunal Act, 2010 gives the NGT original jurisdiction over environmental disputes and appellate jurisdiction over orders under the scheduled environmental statutes. Applications must be filed within six months of the impugned order or the arising of the cause of action. Environmental clearances can be challenged by any aggrieved person. The NGT has also taken suo motu cognizance of pollution events, forest encroachments, and urban solid waste failures based on media reports and citizen letters.

ESG and Climate Law

SEBI's Business Responsibility and Sustainability Reporting framework requires the top 1,000 listed companies to report environmental, social, and governance performance annually. The Supreme Court in M.K. Ranjitsinh v. Union of India (2024) recognised the right against adverse effects of climate change as a fundamental right under Articles 14 and 21. Extended Producer Responsibility for plastic, e-waste, and battery waste requires manufacturers, importers, and brand owners to collect and process the waste from their products.

Why Diwan Advocates for Environment Law?

Clearances and Compliance	EIA, forest, coastal, and wildlife clearances require lawyers who understand both the regulatory process and the science. We navigate all of them.
NGT Litigation	The National Green Tribunal is a specialist forum with its own procedures. We appear regularly before the Principal Bench in Delhi and the Zonal Benches across India.
Both Sides	We represent developers seeking clearances and communities and NGOs challenging them. We represent industries facing enforcement and citizen petitioners seeking enforcement against polluters.
ESG and Climate	SEBI's BRSR framework, Extended Producer Responsibility, and the emerging climate jurisprudence following M.K. Ranjitsinh (2024) are areas where we advise listed companies and investors.
Cross-Practice Integration	Environmental clearances interact with company law, FEMA, project finance, and insurance. Our teams advise on all dimensions of large infrastructure and industrial projects.

Legislative Reference Index

Legislation	Relevance	Reference
Environment (Protection) Act, 1986	Umbrella environmental statute. Empowers the Central Government to take all measures to protect and improve the environment and to issue directions including closure of polluting units.	View ->
Water (Prevention and Control of Pollution) Act, 1974	Establishes the CPCB and SPCBs. Requires consent from the SPCB before establishing or operating any industry that may discharge effluents.	View ->
Air (Prevention and Control of Pollution) Act, 1981	Requires consent from the SPCB for operating industrial plant in an air pollution control area. CPCB sets national ambient air quality standards.	View ->
Forest (Conservation) Act, 1980 / Van Adhiniyam, 2023	Restricts diversion of forest land for non-forest purposes. Prior Central Government approval is mandatory. The 2023 Act changed the definition of forest land and is subject to ongoing constitutional challenge.	View ->
Wildlife Protection Act, 1972	Protects wild animals, birds, and plants. Establishes National Parks, Wildlife Sanctuaries, and Conservation Reserves. Projects near Protected Areas require NBWL clearances.	View ->
National Green Tribunal Act, 2010	Establishes the NGT for expeditious disposal of environmental disputes. Original, appellate, and settlement jurisdiction. Suo motu powers. Orders are enforceable as civil court decrees.	View ->
EIA Notification, 2006	Mandates environmental impact assessment and public hearing for specified categories of projects before environmental clearance is granted. Category A (national) and B (state) classification.	View ->
Coastal Regulation Zone Notification, 2019	Regulates development activities in coastal areas. CRZ-I through CRZ-IV zones with different permitted activities. Managed jointly by MoEFCC and State Coastal Zone Management Authorities.	View ->
Forest Rights Act, 2006	Recognises forest rights of Scheduled Tribes and other forest dwellers. Gram sabha consent is required before forest land is diverted. Clearances without FRA compliance are legally vulnerable.	View ->
Bharatiya Nyaya Sanhita, 2023	Public nuisance, fouling of water sources, and harm to environment create criminal liability running alongside the statutory environmental regime.	View ->

Environmental compliance is a condition for doing business sustainably in India, not a constraint on it.

Diwan Advocates helps clients meet that condition.

Diwan Advocates | Delhi, India

Dr. Farrukh Khan

Dr. Farrukh Khan is the founding partner of the firm, and is also the administrative head. He is placed amongst the most eloquent and skilful lawyers in the country with above par legal knowledge....