When a state pollution control board refuses consent, grants it with conditions you cannot accept, cancels it or refuses to renew it, the first appeal goes not to a court but to an appellate authority. Section 28 of the Water (Prevention and Control of Pollution) Act, 1974 and Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 require each state government to constitute an appellate authority, of one or three persons as the state decides, to hear appeals against such orders. The authority can confirm, modify or set aside the board's order.
Appellate authorities are less well known than the NGT, and their functioning varies widely across states. Some meet regularly and decide appeals within months; others have long gaps when members are not appointed. Yet for consent disputes, they are the forum the law provides, and an appeal filed in time protects your rights even if the board can also be approached for reconsideration. This page explains when to go to the appellate authority, how appeals are filed and heard, and what happens next.
हिंदी में सारांश
जब राज्य प्रदूषण बोर्ड कंसेंट से इनकार करे, कठिन शर्तें लगाए, कंसेंट रद्द करे या नवीनीकरण न करे, तो पहली अपील राज्य सरकार द्वारा गठित अपीलीय प्राधिकरण में होती है, जल अधिनियम की धारा 28 और वायु अधिनियम की धारा 31 के तहत, आम तौर पर 30 दिन में। प्राधिकरण बोर्ड का आदेश पुष्टि, संशोधित या रद्द कर सकता है। इसके आदेश के खिलाफ आगे NGT में अपील होती है।
Is this your situation?
- Your consent application was refused
- Your consent was granted with conditions you consider unlawful or unworkable
- Your consent was cancelled or not renewed
- The board treated your unit in a wrong category
- You need to file within 30 days of the board's order
- Your state's appellate authority is not functioning
- You want to know whether to appeal or reapply
The appellate authority at a glance
Statutory forum
Constituted by state governments under the Water and Air Acts.
Consent orders
Hears appeals on refusal, conditions, cancellation and similar orders.
Time limit
Usually 30 days, with power to condone delay for sufficient cause.
Powers
Confirm, modify or set aside the board's order.
Interim relief
Can be sought pending the appeal.
Further appeal
To the NGT under Section 16 of the NGT Act.
Which orders go to the appellate authority
The appellate authority hears appeals against orders of the board under the consent provisions of the Water and Air Acts: refusal of consent, conditions attached to consent, cancellation or refusal to renew, and similar orders. It does not hear appeals against directions under Section 33A of the Water Act or Section 31A of the Air Act, such as closure and disconnection directions, which go directly to the National Green Tribunal. Penalty orders by adjudicating officers under the amended Acts also go to the NGT.
This distinction matters because the forums have different time limits and procedures. A unit whose consent has been refused and which has also received a closure direction may need to pursue both routes: an appeal on the consent to the appellate authority, and an appeal against the direction to the NGT, or a combined strategy.
Filing and hearing
An appeal is filed in the form and with the fee prescribed by the state's rules, with a copy of the board's order, the grounds of appeal and supporting documents. The authority issues notice to the board, which files its response. The authority hears both sides and may call for records or inspection reports. Hearings are usually less formal than in a tribunal, but the appeal should still be well documented, with technical reports where the dispute is about pollution control measures or category.
The authority can grant interim relief, for example allowing a unit to continue operating under conditions while the appeal is pending, especially where the refusal or cancellation would cause serious harm and the unit shows reasonable compliance. Ask for interim relief at the time of filing if needed.
When the authority is not functioning
In some states, appellate authority posts remain vacant for long periods. An appeal filed during such a period may wait. File within time anyway, because it preserves your rights, and write to the state government about the vacancy. Meanwhile, consider whether the board can reconsider its order on fresh material, or whether a fresh application would resolve the issue faster. Where urgent harm arises and no appellate forum is available, a writ petition in the High Court may be possible, explaining that the statutory remedy is not functional.
How to appeal
Read the board's order
Identify the decision and the reasons.
Note the deadline
Usually 30 days from communication.
Prepare grounds and evidence
Facts, law and technical reports.
File with the authority
In the prescribed form with the fee.
Seek interim relief if needed
To continue under conditions.
Argue and follow up
Then appeal to the NGT if the outcome is wrong.
Appeal or fresh application
Not every refusal should be appealed. If consent was refused because documents were missing or the pollution control design was inadequate, a fresh application addressing the gaps may be quicker. If the refusal rests on a legal point, such as the board's view of the unit's category, siting rules or a condition the board has no power to impose, an appeal is often the better route, because a fresh application will meet the same objection. Sometimes both are pursued: a fresh application to keep the business moving and an appeal to settle the legal point.
Time and typical cost
Our fees are agreed in writing at the start, stage by stage. They are not linked to the outcome.
| Stage | Usual time | What it involves |
|---|---|---|
| Order review | 2 to 5 days | Our fee |
| Filing | Within 30 days | Appeal fee; our fee |
| Board's reply | Weeks | Response to board's points |
| Hearing and decision | Months, depending on the authority | Our appearance fee |
| Further appeal to NGT | Within 30 days, extendable by up to 60 | Our fee |
Which forum hears what
| Order | Forum |
|---|---|
| Consent refused, conditions, cancellation | State appellate authority |
| Appellate authority's order | NGT |
| Section 33A or 31A directions | NGT |
| Penalty under amended Acts | NGT |
| Environmental clearance | NGT |
Documents usually needed
The order
- Board's order with date of communication
- Inspection reports and correspondence
Your case
- Consent application and documents
- Technical reports and process details
- Comparisons with similar units' consents
Filing
- Fee receipt
- Authorisation of signatory
Laws that apply
Appeals to the appellate authority.
Appeals to the appellate authority.
Form, fee and procedure.
Further appeal to the NGT.
How we work
We are a litigation and advisory practice led by Advocate BK Singh, with offices in Dwarka (New Delhi) and Vaishali (Ghaziabad). This is what you can expect:
- Right forum confirmed: appellate authority or NGT.
- Appeals filed in time: with strong grounds.
- Interim relief sought: where needed.
- Fresh applications considered: where faster.
- Written fee terms: agreed stage by stage, never linked to the outcome.
Mistakes we see in consent appeals
- Appealing a closure direction to the appellate authority
- Missing the 30-day deadline
- Appealing when a fresh application would be faster
- No technical support for the grounds
- Not seeking interim relief when the business is at stake
A category dispute
Here's a made-up example. A Noida unit assembling LED lights was refused consent as an orange category industry in an area reserved for green and white units.
We appealed with a process note, the CPCB categorisation and the state list showing assembly without process effluent in a lower category. The appellate authority set aside the refusal and directed the board to reconsider on the correct category.
Harsh conditions
Here's a second made-up example. A Haryana food processing unit was granted consent with a condition to install online monitoring connected to the board, required only for certain highly polluting sectors.
We appealed the condition, showing that the unit was not in those sectors and its effluent was low in volume. The authority modified the condition to require monthly third-party monitoring instead.
Frequently Asked Questions
What is the appellate authority?
An authority constituted by the state under the Water and Air Acts to hear consent appeals.
What can I appeal?
Refusal of consent, conditions, cancellation and similar orders.
What is the time limit?
Usually 30 days, with power to condone delay for sufficient cause.
Can I appeal a closure direction here?
No, closure directions go to the NGT.
Can I get interim relief?
Yes, it can be sought pending the appeal.
What if the authority is not functioning?
File in time and consider other remedies, including a writ in urgent cases.
Can I appeal the authority's decision?
Yes, to the NGT.
Should I appeal or reapply?
It depends on whether the refusal rests on a legal point or a fixable gap.
Do I need technical reports?
Often yes, especially for category and design disputes.
How long does an appeal take?
Months, depending on the authority.
Is there a fee?
Yes, as prescribed by state rules.
Do you appear before appellate authorities?
Yes, in Delhi NCR and on brief elsewhere.
Consent Refused or Cancelled?
Send us the order. We will confirm the forum and deadline.
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. Environmental rules, EPR targets, GRAP measures and board procedures change often, so check the current position for your unit or project before acting.
Need help with Appeals Before the State Appellate Authority on Consent?
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.
