If a lead-acid battery recycling unit near your home or village is releasing fumes, dumping slag or draining acid, you can act on three fronts at once. Complain in writing to the State Pollution Control Board and ask for inspection and sampling. Ask the SDM or DM to stop the public nuisance, and call the police if the unit runs at night or without any licence. If the authorities do not act, or the damage is serious, you can go to the National Green Tribunal for closure, clean-up and compensation. Lead harms children most, so do not wait for the board to move on its own.
Old car, inverter and e-rickshaw batteries are full of lead and acid. Recycling them is legal and useful when done in a registered plant with proper furnaces and controls. It becomes a public health problem when batteries are broken by hand in a field and the lead is melted in an open furnace behind a boundary wall. This guide is for the residents, farmers and RWAs living next to such units, and it covers how to check the unit, what evidence counts and which forum to use. For the broader route on factory fumes, see our page on factory air pollution complaints.
Battery recycling falls under the waste rules that sit on our hazardous waste authorisation page. We begin with the question residents actually ask.
हिंदी में सारांश
अगर आपके घर या गांव के पास कोई लेड-एसिड बैटरी रीसाइक्लिंग यूनिट धुआं छोड़ रही है, स्लैग फेंक रही है या एसिड नाली में बहा रही है, तो सबसे पहले राज्य प्रदूषण नियंत्रण बोर्ड को लिखित शिकायत दें और जांच व सैंपलिंग की मांग करें। पता करें कि यूनिट बैटरी वेस्ट मैनेजमेंट रूल्स 2022 के तहत पंजीकृत है या नहीं और उसके पास बोर्ड की सहमति है या नहीं। सार्वजनिक उपद्रव के लिए SDM या DM के पास आवेदन दें और रात में चलने वाली अवैध यूनिट की सूचना पुलिस को दें। कार्रवाई न होने पर NGT में धारा 14 के तहत बंदी और सफाई के लिए, और धारा 15 के तहत पांच साल के अंदर मुआवजे के लिए आवेदन किया जा सकता है। सीसा बच्चों के लिए सबसे खतरनाक है।
The essentials
Check the unit's papers
A lawful recycler is registered under the battery rules and holds State Board consent; an RTI will tell you.
Lead harms children most
Dust and fumes settle in homes, soil and water, and young children and pregnant women are the most exposed.
Write to the board
A dated written complaint asking for inspection and sampling starts the record that every later forum will look at.
SDM for nuisance
The SDM or DM can order removal of a public nuisance under section 152 of the BNSS 2023.
NGT for closure and clean-up
The NGT can close the unit, order soil and water remediation and impose environmental compensation.
Compensation has a 5-year limit
Claims for health, crop or property damage go under section 15 of the NGT Act within 5 years.
A battery recycling unit near us is polluting. What can we legally do?
Start with the State Pollution Control Board, but do not stop there. Send a written complaint (by email and by post, keeping proof) describing the unit, its location, what you see and smell, the hours it runs and where the waste goes. Ask the board in plain words to inspect the unit, check its registration and consent, and take samples of air, soil and drain water. In Uttar Pradesh this goes to the UPPCB regional office, in Haryana to the HSPCB, in Delhi to the DPCC.
At the same time, file an application before the SDM under section 152 of the Bharatiya Nagarik Suraksha Sanhita 2023 (the old section 133 CrPC), which lets the magistrate order removal of a public nuisance. Where the unit is plainly illegal, such as a battery-breaking yard in an agricultural field running at night, inform the police station in writing as well. Fires, threats to complainants and night operations are matters the police can and should handle.
If a month or two passes and nothing has changed, or the board inspects and lets the unit carry on, the National Green Tribunal is the forum. An application under section 14 of the NGT Act can seek closure, remediation of soil and water, and environmental compensation. Our general guide on pollution near your home explains how these routes fit together.
How do I find out whether the battery recycling unit is legal?
A lawful lead recycler needs several permissions at once. It must be registered as a recycler under the Battery Waste Management Rules 2022, which replaced the old Batteries (Management and Handling) Rules 2001. It needs consent to establish and consent to operate from the State Board under the Water and Air Acts, and lead smelting usually sits in the red category, the strictest one. It must handle its hazardous residues, such as slag and sludge, under the Hazardous Waste Rules 2016, and send them to an authorised facility with manifests.
You can check most of this without going near the unit. File an RTI with the State Board asking for the consent orders, the registration, the last two inspection reports and any sample results for the unit at that address. The reply is due within 30 days. If the board says it has no record of the unit, that is itself powerful evidence: an unregistered smelter has no right to operate at all.
Even a registered unit can be breaking the law. Consent orders set conditions on furnaces, stack height, air pollution control equipment, acid neutralisation and storage of batteries and slag. A registered plant that bypasses its bag filter at night, or dumps slag on the roadside, is violating its consent, and the remedy is the same: complaint, inspection, sampling and, if needed, the NGT.
Signs of a lawful recycler and signs of an illegal unit
None of these signs settles the question on its own, but together they tell you a lot before the RTI reply arrives.
| What you see | Usually suggests | What to do |
|---|---|---|
| Batteries broken by hand in the open, acid running into a drain or field | Informal battery breaking, no acid neutralisation | Photograph, note the time, report to the board and the police |
| Small furnace with a short chimney or none, thick grey or white fumes | Open smelting without controls | Video the fumes with the date, ask the board for ambient air sampling |
| Grey slag heaps dumped on roads, plots or riverbanks | No hazardous waste disposal arrangement | Photograph the site, ask the board to sample soil and trace the waste |
| Work mostly at night, gates shut by day | Unit hiding from inspection | Keep a dated log, inform the police and the SDM |
| Fenced plant with a tall stack, weighbridge, covered battery store | Probably registered, check for consent violations | RTI for consent conditions and inspection reports |
| Trucks of old batteries from dealers and scrap shops | Supply chain to be traced | Note vehicle numbers and timings, pass to the board |
Why lead from battery recycling is treated so seriously
Lead does not break down. When it is melted in an open furnace, fine particles drift over nearby homes, schools and fields and settle as dust. Acid drained from broken batteries carries dissolved lead into drains, ponds and the soil, and from there it can reach groundwater and crops. Children pick it up from floors, playgrounds and hands, and health authorities treat lead as harmful to children's development even at low levels of exposure.
That is why the precautionary principle and the polluter pays principle, which the NGT must apply under section 20 of its Act, carry real weight in these cases. The Supreme Court laid the groundwork in Vellore Citizens' Welfare Forum v Union of India (1996) and Indian Council for Enviro-Legal Action v Union of India (1996). You do not have to prove that a particular child fell ill because of the unit before asking for it to be stopped. Credible evidence of uncontrolled lead release near homes is usually enough to get an inspection ordered.
If people in your area have symptoms, get them seen at a government hospital and ask the doctor whether a blood lead test is appropriate. Keep every prescription and report. Medical records are not needed to start a complaint, but they matter a great deal if you later claim compensation.
Which laws apply to lead-acid battery recycling
Cover all battery types including lead-acid automotive and industrial batteries. Waste batteries must go to registered recyclers or refurbishers, recyclers must register and meet recovery requirements, and landfilling or incinerating waste batteries is not allowed. Environmental compensation can be imposed for violations.
Consent to establish and operate from the State Board. Running without consent, or in breach of its conditions, exposes the unit to penalties, closure and stoppage of electricity under Water Act s.33A and Air Act s.31A.
Slag, sludge and other residues must be stored safely, moved only by authorised transporters under a manifest, and disposed of at authorised facilities. See our guide on hazardous waste manifest and transport rules.
Section 14 for substantial environmental disputes (6 months from when the cause of action first arose, plus up to 60 days). Section 15 for compensation and restitution (5 years, plus up to 60 days). Section 20 requires the NGT to apply the precautionary and polluter pays principles.
The SDM or DM can order removal of a public nuisance. A citizen can file a complaint in court under the EP Act after giving 60 days' notice to the board or government.
How to act against a polluting battery recycling unit
This is the sequence that works best for residents. Several steps can run in parallel.
Record what is happening
Keep a daily log for two to three weeks: hours of operation, smoke, smell, trucks, dumping. Take dated photos and short videos from your own property or a public road.
File an RTI with the State Board
Ask for the unit's consent orders, registration under the battery rules, inspection reports and sample results. The reply is due within 30 days.
Send a written complaint to the board
Describe the unit, attach photos and ask specifically for inspection, sampling of air, soil and water, and closure if it is unregistered. Keep proof of sending.
Approach the SDM and police
Apply to the SDM under section 152 of the BNSS for removal of the nuisance. Inform the police in writing about night operations, fires or threats.
Get a collective voice
A complaint signed by many households, the gram panchayat or the RWA carries more weight than one letter. Collect names, addresses and signatures.
Gather health and crop records
Collect medical papers of affected people and any record of crop or livestock loss, with dates.
Go to the NGT if nothing changes
File an original application before the right NGT bench with the evidence, the RTI replies and your complaints, asking for inspection, closure, remediation and compensation.
Follow through after the order
Check whether the unit actually stops and the clean-up happens. If not, file an execution application.
Evidence that makes a lead pollution complaint stick
The NGT and the board both rely on records, not on how strongly people feel. Our guide on photos, lab reports and RTI replies as evidence explains how each is used.
About the unit
- Exact location with landmarks or map pin
- Name of the operator or landowner, if known
- RTI reply on consent and registration
- Photos of furnace, battery heaps and slag
- Vehicle numbers of trucks bringing batteries
About the harm
- Dated log of smoke and operating hours
- Photos of dead vegetation or discoloured drains
- Any sample report from the board or a recognised lab
- Medical records of affected residents
- Records of crop or livestock loss
About the authorities
- Copies of complaints with proof of sending
- Board's inspection report, if any
- SDM application and any order
- Police complaint copy or diary number
- All replies, including refusals
Board, SDM, police or NGT: what each can do
| Forum | Use it for | What it can order | Time limit |
|---|---|---|---|
| State Pollution Control Board | Inspection, sampling, consent violations | Show-cause, closure, disconnection, environmental compensation | None for a complaint |
| SDM or DM (BNSS s.152) | Public nuisance affecting the locality | Removal or stopping of the nuisance | None, act while the nuisance continues |
| Police | Night operations, fires, threats, theft of batteries | Registration of a case, stopping immediate danger | Report promptly |
| NGT (s.14) | Closure, remediation, compliance | Joint committee inspection, closure, clean-up, compensation | 6 months plus up to 60 days |
| NGT (s.15) | Compensation for health, crop or property damage | Relief, restitution of property and environment | 5 years plus up to 60 days |
| Court (EP Act s.19) | Criminal-style complaint by a citizen | Trial of offences that remain under the Act | After 60 days' notice |
A unit that keeps operating in the same way gives rise to a continuing cause of action, which helps on time limits. Our guide on continuing cause of action in NGT cases explains how this works.
What does the NGT usually do in lead pollution cases?
The usual first order is a joint committee, often of the CPCB, the State Board and the District Magistrate, to visit the site and report. The committee typically checks registration and consent, the furnace and pollution controls, how batteries and slag are stored, and takes samples. Parties can file objections to the report, and the hearing often turns on what the report says. If you think it is incomplete, our guide on objecting to a joint committee report sets out how to respond.
Where the committee confirms illegal operation, the NGT can direct closure, sealing and disconnection, and environmental compensation calculated under the CPCB methodology. In lead cases it may also direct the board to assess soil and water contamination around the site, require removal and safe disposal of dumped slag, and ask the health department to examine affected residents. Many applications end with directions to the authorities to act within a fixed time, and if they do not, an execution application follows.
In village complaints about battery smelting that Advocate B.K. Singh has taken up, the evidence that moved things fastest was usually simple: dated videos of night smelting, an RTI reply showing no registration, and a gram panchayat resolution. Sophisticated expert reports came later, if at all.
Can we claim compensation for health damage, crops or cattle?
Yes, under section 15 of the NGT Act, which provides relief and compensation to victims of pollution and restitution of damaged property and the environment. The time limit is 5 years from when the cause of action first arose, plus up to 60 days for sufficient cause. Section 18 allows the injured person, the owner of damaged property, a representative body or any person aggrieved to apply.
Compensation claims need proof that the harm happened and a reasonable link to the unit. Medical records, crop loss assessments by the agriculture department, veterinary reports on dead or sick cattle, and the board's sample results showing lead in soil or water all help. The court fee where compensation is claimed is 1% of the amount claimed, subject to a minimum of ₹1,000, so ask for a figure you can support. For the wider approach to damage claims, see our page on compensation for pollution damage.
Separately, the NGT can order the polluter to pay for cleaning up the soil and water. Where the unit has shut down and the operator has vanished, contaminated land becomes a harder question; our guide on who pays to clean contaminated industrial land deals with it.
A smelter at the edge of a village
Here's a made-up example. On the edge of a village in western Uttar Pradesh, a walled plot starts receiving tractor-loads of old batteries. Within weeks, villagers see grey smoke at night, the drain beside the plot turns white and the mustard crop nearest the wall yellows. Two residents complain to the UPPCB regional office by email. An inspector visits in daytime, finds the gate locked and closes the complaint.
The villagers then do it properly. They keep a log and record videos of night smelting for three weeks, file an RTI that reveals the plot has no consent and no registration under the battery rules, and get a gram panchayat resolution. They apply to the SDM under section 152 of the BNSS and send a fresh, detailed complaint to the board with all of it attached.
When the board still does not act, they file an application before the NGT Principal Bench. The tribunal appoints a joint committee, which inspects at night, finds an open furnace and slag dumped in the drain, and recommends closure and sampling of soil and handpumps nearby. The NGT directs sealing, removal of slag, a soil and water assessment, and environmental compensation, with a report on compliance. The case takes months, but the smelting stops within weeks of the committee's visit.
If you run a battery recycling unit and have received a notice
Owners of registered units do get notices, often after a complaint about a neighbouring illegal yard is wrongly pinned on them, or after a sample result exceeds a consent limit. Read the notice for exactly what it alleges and on what evidence. Then answer each point with documents: registration, consent, stack monitoring reports, slag disposal manifests, battery purchase records showing you buy from registered dealers and producers' channels.
If the notice proposes closure, show what you have already done to fix the problem, such as repairs to the bag filter or removal of stored slag, with photos and invoices. A board that sees compliance will often allow operation with conditions rather than seal the plant. If a closure direction is passed anyway, the appeal lies to the NGT under section 16 within 30 days. Our page on pollution control board notices explains the reply in detail.
Mistakes residents make in battery pollution complaints
- Complaining only by phone. Calls leave no record. Every complaint should be in writing, with proof of sending.
- Confronting the operators. Illegal smelters are often run by people who react badly. Record from your own property or a public road and let the authorities do the inspecting.
- Waiting for a test report before acting. Photos, videos and an RTI reply showing no consent are enough to start; sampling is what you ask the board to do.
- Letting a daytime inspection close the matter. If the unit works at night, say so clearly and ask for a night inspection.
- Ignoring the slag. Dumped slag keeps leaching lead after the furnace stops. Ask for its removal and safe disposal, not just closure.
Related guides
Illegal recycling of electronics often runs alongside battery smelting; see how to report illegal e-waste recycling units. If the problem is dumping rather than smelting, read hazardous waste dumping: how to report it. For filing itself, our guide on how to file a case in the NGT walks through the process.
Frequently Asked Questions
Is battery recycling allowed in residential areas?
Lead smelting and battery breaking are polluting activities that need State Board consent and registration under the battery rules, and boards generally do not allow them in residential areas. Ask the board for the unit's consent and siting details through RTI.
Who do I complain to about a battery recycling unit?
Complain in writing to the State Pollution Control Board, apply to the SDM for removal of public nuisance, and inform the police about night operations or fires. If none of them acts, approach the NGT.
How can I check if a lead recycling unit is registered?
File an RTI with the State Board asking for its consent orders, registration under the Battery Waste Management Rules 2022 and inspection reports. The reply is due within 30 days.
Do I need a lab report before filing an NGT case?
No. Photos, videos, logs and an RTI reply are enough to start. The NGT usually orders a joint committee to inspect and take samples.
Can the NGT shut down an illegal battery recycling unit?
Yes. It can direct closure, sealing and disconnection, removal of slag and environmental compensation, usually after a joint committee report.
What is the time limit to claim compensation for lead pollution?
Under section 15 of the NGT Act, 5 years from when the cause of action first arose, with up to 60 more days for sufficient cause.
Can a gram panchayat or RWA file the case?
Yes. Section 18 of the NGT Act allows any person aggrieved, including a representative body or organisation, to apply.
Who pays to clean up lead-contaminated soil?
Under the polluter pays principle, the polluter does. Where the polluter cannot be traced, the NGT may direct the authorities to assess and remediate and pursue recovery.
Are battery dealers responsible for where old batteries go?
Under the battery rules, waste batteries must reach registered recyclers or refurbishers. Dealers who sell old batteries to unregistered smelters are part of the problem and can be named in a complaint.
Will the board act on an anonymous complaint?
Sometimes, but a signed complaint with a contact address is taken more seriously and gives you the standing to follow up and to go to the NGT later.
About the author
Advocate B.K. Singh, Founder & Principal Advocate, MCA, LL.B., LL.M.
Advocate B.K. Singh has practised for more than twenty years before the Supreme Court, the High Courts and the National Green Tribunal, and leads the environmental practice from offices in Dwarka (New Delhi) and Vaishali (Ghaziabad) with Advocate Sadhna Singh. Read his profile.
Battery smelting or lead dust near your home?
Send us photos, the location and any reply you have from the board on WhatsApp or by phone. We will tell you which forum fits your situation and what evidence to collect next.
This page gives general information about environmental law as it stood when it was last reviewed. It is not legal advice on your case and does not promise any result. Laws, rules, fees and time limits change, so check the current position for your matter before acting.
Have a question about your own case?
A guide can only go so far. Send us the notice, the order or a few photos, and we'll tell you where you stand, which authority or NGT bench deals with it and when the next step is due, in plain words.
