How to report air pollution and waste dumping in Delhi (Section 152 BNSS)

The "Delhi is Doomed" Reality Check

You are standing at a bus stop in Anand Vihar or walking through the narrow lanes of Laxmi Nagar. The air doesn't just feel heavy; it tastes like metal and burnt rubber. You see a pile of plastic waste being set on fire behind a construction site, or a factory chimney belching black smoke at 2:00 AM because they think no one is watching. You check Reddit and see everyone saying "God forbid Delhi, we are doomed." It is easy to spiral into doomscrolling when the AQI hits 450. But "doomed" is a state of mind; "actionable" is a state of law. While you cannot stop the wind from bringing in crop residue smoke, you can absolutely shut down the local violations that make your immediate neighborhood unbreathable. If you have the receipts—photos, locations, and timestamps—you have the power to make the authorities move.

What the law actually says

In India, breathing clean air isn't a luxury; it is a fundamental right derived from Article 21 of the Constitution (Right to Life). The Supreme Court solidified this in Subhash Kumar v. State of Bihar (1991), stating that the right to life includes the right to the enjoyment of pollution-free water and air.

As of 2026, the legal framework governing Delhi's environment is a mix of specialized acts and the new criminal procedural code:

1. Section 152 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This replaced the old Section 133 of the CrPC. It allows a District Magistrate (DM) or Sub-Divisional Magistrate (SDM) to pass a "conditional order" to remove a public nuisance. If a factory, a burning landfill, or a construction site is "injurious to the health or physical comfort of the community," the Magistrate can order them to stop or remove the cause within a fixed time.

2. The Commission for Air Quality Management (CAQM) Act, 2021: This is the big gun for the National Capital Region (NCR). Under Section 14, the Commission has the power to impose "Environmental Compensation" (fines) on anyone violating air quality norms. For industrial violations, these fines can run into lakhs of rupees.

3. The Air (Prevention and Control of Pollution) Act, 1981: This gives the Delhi Pollution Control Committee (DPCC) the power to enter any place to inspect equipment or manufacturing processes. If they find a violation, they can cut off electricity and water supply to the unit under Section 31A.

4. The "Polluter Pays" Principle: Established in M.C. Mehta v. Union of India (1987), this means the person or company causing the pollution is responsible not just for stopping it, but for paying for the environmental damage caused.

If you see someone burning waste or a site operating without dust covers, they aren't just "being annoying"—they are breaking the law.

Step-by-step playbook to report violations

Step 1: Gather your "Receipts"

Before you open any app, you need evidence that cannot be ignored.

• What to do: Take 2–3 clear photos and a 10-second video of the violation (e.g., smoke from a chimney, open garbage burning, or uncovered sand at a construction site).
• What to bring: Use a camera app that allows "GPS Watermarking" (showing the exact latitude, longitude, and time on the photo).
• Timeline: Immediate.
• If it fails: If it is too dangerous to take a photo (e.g., a hostile industrial area), note down the exact landmark and the "Plus Code" from Google Maps.

Step 2: Use the Green Delhi App (The Fastest Route)

The Delhi Government’s Green Delhi App is linked directly to 28 departments.

• What to do: Upload your photo, select the category (e.g., "Illegal Construction/Demolition" or "Biomass Burning"), and pin the location.
• Expected Timeline: You should receive an acknowledgment number immediately. The department is supposed to resolve "Actionable" complaints within 48–72 hours.
• If it fails: If the status says "Resolved" but the problem persists, do not just delete the app. Take a screenshot of the "Resolved" status and the new violation. You will need this for Step 4.

Step 3: Use the CPCB 'Sameer' App

The Central Pollution Control Board (CPCB) has its own app called Sameer.

• What to do: Register a complaint under the "Air Pollution" tab. This goes to the central database, which is often monitored more strictly during the winter months (GRAP period).
• Expected Timeline: 3–7 days for an initial response.
• Pro-tip: If you are dealing with a mental health toll due to the constant environmental stress in Delhi, check out our Mental health helplines (iCall, Vandrevala, NIMHANS).

Step 4: The Formal SDM Complaint (Section 152 BNSS)

If the apps aren't working and the nuisance is permanent (like a factory in a residential area), move to the legal route.

• What to do: Write a formal letter to your Sub-Divisional Magistrate (SDM). State: "This is a complaint under Section 152 of the BNSS regarding a public nuisance injurious to the health of the residents of [Your Area]."
• What to attach: Printed photos of the violation and a copy of your previous Green Delhi app complaints that were ignored.
• Expected Timeline: The SDM can issue a "Conditional Order" within 2 weeks, summoning the violator to explain why the nuisance shouldn't be removed.
• If it fails: If the SDM refuses to act, you can File an RTI online asking for the daily progress report on your complaint.

Step 5: The NGT "Letter Petition"

You don't always need a high-profile lawyer to reach the National Green Tribunal (NGT).

• What to do: You can send a "Letter Petition" addressed to the Registrar of the NGT (Principal Bench, New Delhi).
• What to include: A clear description of the environmental damage and how it affects the community. Mention that you are a resident seeking protection under Article 21.
• Timeline: This is a slower process (months), but the NGT has the power to appoint independent committees to inspect the site.

Step 6: Reporting Criminal Negligence

If someone is intentionally burning toxic waste or chemicals that cause immediate physical distress (choking, fainting) to people in the area, this can be a criminal offence.

• What to do: Call 112. When the police arrive, insist on a Daily Diary (DD) entry at the minimum. If the health impact is severe, you can How to file an FIR (and what to do if police refuse) under Section 280 of the Bharatiya Nyaya Sanhita (BNS), 2023, which deals with making the atmosphere noxious to health.

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Where it usually breaks

The system looks great on paper, but in the lanes of Okhla or the industrial hubs of Bawana, it often hits a wall. Here are the three most common ways your complaint might stall and how to bypass the deadlock:

1. The "Ghost Resolution": This is the most frustrating part. You report a waste-burning site on the Green Delhi App, and 48 hours later, you get a notification saying "Resolved." You go to the spot, and the ash is still warm, or the pile has just been moved 10 metres to the left.

   • The Workaround: Do not just let it go. Re-open the complaint immediately with a fresh photo of the "unresolved" site. In the comments, explicitly state: "Previous complaint [ID Number] was marked resolved without actual clearance. This is a violation of CAQM guidelines." If it happens twice, move to the RTI route (see templates below) to ask for the name of the officer who marked it as resolved.

2. Jurisdiction Ping-Pong: You report a dusty construction site. The DPCC says it’s an MCD (Municipal Corporation of Delhi) issue. The MCD says it’s a DDA (Delhi Development Authority) plot.

   • The Workaround: Stop trying to guess who owns the land. Use the Sameer App (by the Central Pollution Control Board). Since this is a central app, it forces the different state departments to coordinate. If the "ping-pong" continues, file a single complaint addressed to the Sub-Divisional Magistrate (SDM) of your area under Section 152 of the BNSS. The SDM has the legal "superpower" to override departmental bickering to stop a public nuisance.

3. The 3:00 AM Polluter: Many small-scale units in residential areas (like in North-East Delhi) run their heavy, smoke-belching machinery or burn industrial scrap only at night to avoid inspectors.

   • The Workaround: Daytime photos of chimneys covered in black soot are evidence of night-time activity. Record a video at night with the "GPS Map Camera" app to prove the timestamp. Submit this to the DPCC specifically mentioning a "Request for Night Inspection" under Section 26 of the Air Act, 1981.

Templates / script

1. The "Social Media Pressure" Script (For X/Twitter)

Public tagging often moves files faster than a private app entry.

"Constant waste burning at [Location/Plus Code] for the last 3 days. AQI is already lethal, yet local authorities are silent. Registered complaint on Green Delhi App (ID: #12345) but no action on ground. @GreenDelhiApp @DPCC_Official @LtGovDelhi @CPCB_OFFICIAL please intervene. #DelhiPollution #CleanAir"

2. RTI Template for "Fake Resolutions"

If your complaint was closed without work being done, use this to hold the inspector accountable. To: PIO, Delhi Pollution Control Committee (or MCD) Subject: Information regarding Resolution of Complaint # [Your ID]

1. Please provide a copy of the "Action Taken Report" (ATR) filed by the field officer for Complaint ID [Number] dated [Date].
2. Please provide the name and designation of the officer who inspected the site and marked the complaint as "Resolved."
3. Please provide the geotagged photographs uploaded by the department as proof of resolution of the said complaint.

3. Formal Letter to the SDM (Section 152 BNSS)

Use this for chronic issues (like a factory in your colony that won't stop). To: The Sub-Divisional Magistrate, [Your Area, e.g., Vasant Vihar], Delhi. Subject: Conditional Order under Section 152 of the BNSS for removal of public nuisance. Sir/Ma'am, I am writing to report a persistent public nuisance at [Exact Address]. The [Factory/Site] is engaged in [describe activity, e.g., open burning of plastic/uncovered cement grinding], which is injurious to the health and physical comfort of the local community. Under Section 152 of the BNSS (2023), I request you to issue a conditional order to the owner of the said property to cease these operations immediately. Attached are the GPS-watermarked photos as evidence of the violation. Regards, [Your Name & Phone]

FAQs

1. Can I report pollution anonymously?

The Green Delhi App requires a mobile number for OTP verification, but your details are not shared with the polluter. If you are worried about local "mafia" or hostile neighbours, use a secondary SIM or ask a friend outside the immediate area to post the complaint using your photos. For serious industrial violations, you can send an anonymous signed letter to the DPCC, though it is harder to track.

2. What is the fine for burning garbage in Delhi?

As per National Green Tribunal (NGT) directions and CAQM orders, the standard environmental compensation (fine) for open burning of municipal solid waste is ₹5,000 for simple burning and can go up to ₹25,000 for large-scale dumping and burning. For construction sites violating dust norms, fines usually start at ₹50,000 and can reach lakhs depending on the plot size.

3. Does the "Green Delhi" app actually work?

Yes, but it depends on the "actionability" of your photo. If you upload a blurry photo of the sky, it will be rejected. If you upload a clear photo of a specific person/site with a landmark, the department is under strict timelines to respond. As of 2024–25, the app has a resolution rate of over 90%, though "resolution" on the app doesn't always mean the problem is gone forever.

4. What if the police refuse to stop someone burning leaves?

Burning leaves/waste is a violation of NGT orders. If the local beat constable refuses to act, remind them that they have a duty to prevent public nuisance under Section 152 of the BNSS. If they still don't budge, you can file a complaint against the inaction on the Delhi Police Vigilance portal or the LG Listening Post.

5. Can I report a vehicle puffing out black smoke?

Yes, but don't use the Green Delhi app for this—use the "Puchho Carpool" app or the Transport Department's WhatsApp helpline. Take a clear photo of the number plate and the smoke. The owner will be sent a notice to produce a valid PUC (Pollution Under Control) certificate or face a fine of ₹10,000.

6. How long does it take for a complaint to be resolved?

For "minor" issues like garbage burning or dust, the internal target for Delhi departments is 48 to 72 hours. For industrial violations involving "Show Cause Notices," it can take 15 to 30 days as the factory owner is legally allowed time to respond before the unit is sealed.