Environmental & Pollution Lawyer in Odisha

Where are environmental complaints from Odisha heard?

The National Green Tribunal Act, 2010 created specialised benches to handle environmental matters, and Odisha falls within the jurisdiction of the NGT's Eastern Zone Bench sitting in Kolkata. The Tribunal has the power to grant relief, compensation, and restitution for environmental damage, and its orders are binding and enforceable.

What is the difference between Consent to Establish and Consent to Operate?

Consent to Establish is granted by the State Pollution Control Board before a unit sets up its plant or facility, while Consent to Operate is required before the unit actually begins operations and must be periodically renewed. A unit operating without a valid consent, or in violation of its conditions, can face closure directions and penalty action.

Can an environmental clearance already granted be challenged?

Yes — an environmental clearance granted under the EIA Notification, 2006 can be challenged before the NGT, typically on grounds such as inadequate public consultation, flawed environmental impact assessment, or non-disclosure of material facts. Whether a challenge succeeds depends heavily on the specific procedural lapses that can be demonstrated.

Is there a limitation period for filing an NGT application?

Generally, an application concerning a substantial question relating to environment must be filed within six months of the cause of action arising, though the Tribunal has limited discretion to condone delay up to a further sixty days on sufficient cause being shown. Acting promptly once the grievance arises is therefore important.

Who can be held liable for pollution caused by a factory or mine?

Liability can extend not only to the operating company but, depending on the facts, to directors and persons in charge of the unit's day-to-day affairs where statutory violations are established. The NGT also applies the polluter-pays principle in awarding compensation for environmental damage caused.