When pollution damages your crops, contaminates your well, harms your health or ruins your property, the law gives you a right to compensation. The question is which forum to use and how to prove the loss.
We help farmers, residents, fishers and businesses claim compensation from polluters, and we defend industries against compensation claims that are inflated or not linked to their activity.
हिंदी में सारांश
प्रदूषण से फ़सल, कुएँ, स्वास्थ्य या संपत्ति को नुकसान होने पर मुआवज़ा माँगा जा सकता है। NGT में धारा 15 के तहत 5 साल के अंदर दावा किया जा सकता है। "प्रदूषक भुगतान करे" सिद्धांत लागू होता है। ख़तरनाक पदार्थ से दुर्घटना में सार्वजनिक दायित्व बीमा अधिनियम, 1991 के तहत तुरंत राहत भी मिलती है।
Is this your situation?
- Effluent from a factory damaged your crops or contaminated your well
- A gas leak, fire or spill harmed people or property nearby
- Fish died in your pond or river because of a discharge
- Dust or emissions damaged your orchards or stored goods
- Your land was contaminated by dumped waste
- You are an industry facing a compensation claim you dispute
Routes to compensation
NGT
Compensation and restoration under Section 15, within five years.
Collector
Immediate relief for accidents involving hazardous substances, under the Public Liability Insurance Act.
Civil court
A damages suit, slower but available for wider claims.
Board action
Environmental compensation imposed on the polluter by the board, which goes to restoration.
Group claims
Claims on behalf of a village or community.
Interim relief
Urgent payments while the claim is decided.
How liability works
The NGT must apply the polluter pays principle, the precautionary principle and the principle of sustainable development under Section 20 of the NGT Act. Under Section 17, where an accident has happened, liability can arise even without proof of negligence. The Tribunal can order compensation to victims, restitution of damaged property and restoration of the environment.
For accidents involving hazardous substances, the Public Liability Insurance Act, 1991 gives a right to fixed relief through the Collector without proving fault. This relief is in addition to any larger claim.
What you need to prove
A compensation claim stands or falls on evidence. You must show that the pollution happened, that it came from the respondent, and that it caused your loss. Test reports, photographs, crop assessments by the agriculture department, medical records and expert reports all help. The sooner evidence is collected, the better.
| Loss | Useful evidence |
|---|---|
| Crop damage | Agriculture department survey, photographs, past yield records |
| Contaminated well or groundwater | Water test reports before and after, location of the discharge |
| Health effects | Medical records, a list of affected people |
| Property damage | Valuation and repair estimates |
| Fish kill | Fisheries department report, water samples |
How a compensation claim runs
Record the damage
Photographs, samples and official surveys, as early as possible.
Identify the polluter
Link the discharge or incident to a specific unit.
Choose the forum
NGT, Collector or civil court, depending on the case.
File the claim
With evidence of the loss and its value.
Reports and hearing
Committee reports and replies from the polluter.
Recover the amount
Execution of the order if not paid.
How we work
We are a litigation and advisory practice led by Advocate BK Singh, with offices in Dwarka (New Delhi) and Vaishali (Ghaziabad), working on environmental matters across India.
- Deadline first: we tell you the time limit before anything else.
- Regulator and tribunal: we handle the board stage and the NGT, so nothing is lost between them.
- Plain advice: what we think will happen, including when a case is not worth filing.
- Written fee terms: agreed stage by stage, never linked to the outcome.
Related services
Filing in the NGT · If you are asked to pay compensation · Pollution complaints · Community cases
Frequently Asked Questions
How much compensation can I get?
It depends on the proven loss. The NGT also considers the cost of restoring the environment, which may be paid to an authority rather than to you.
Is there a time limit?
Five years from when the cause first arose for a claim under Section 15 of the NGT Act, with up to 60 extra days for good reason.
Do I need to prove the company was negligent?
Not always. In accident cases, the NGT can apply no-fault liability. You still need to link the loss to the incident.
Can a whole village claim together?
Yes. Group claims are common and often more efficient.
Will environmental compensation paid to the board reach me?
Not usually. That money is generally used for restoration. A separate claim is needed for your own loss.
We are an industry. Can we challenge a claim?
Yes. Many claims are based on weak links between the unit and the damage. We test the evidence and the valuation.
Suffered damage from pollution?
Send us photographs and any reports. We will tell you where to claim and what evidence to gather now.
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 and time limits change, so check the current position for your matter before acting.
Need help with Compensation for Damage Caused by Pollution?
Send us the notice, the order or a few photos. 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.
