RTI for CGSPCB – Pollution, Mining & Factory Complaints in Chhattisgarh

Chhattisgarh is one of India's most resource-rich states, hosting major coal mines, steel plants, power generation units, cement factories, sponge iron plants, and a large number of small and medium industries. This industrial density makes the Chhattisgarh State Pollution Control Board (CGSPCB) one of the most consequential regulatory bodies in the state. Citizens living near industrial corridors in districts such as Raipur, Durg, Korba, Bilaspur, Raigarh, and Dhamtari regularly face the effects of unchecked air and water pollution — dust, effluent discharge into rivers, noise from mining operations, and contaminated groundwater. The Right to Information Act, 2005 gives every citizen the legal right to demand accountability from CGSPCB: what consents it has granted, what pollution complaints it has received and acted upon, what environmental data it holds, and what enforcement action it has or has not taken.

This guide explains what CGSPCB does, what information you can realistically obtain through an RTI application, how to file that application correctly, and how to pursue the appeal process up to the Chhattisgarh State Information Commission (CSIC) if CGSPCB does not respond.

What Is CGSPCB and What Does It Do?

The Chhattisgarh State Pollution Control Board (CGSPCB) is a statutory body established under the Water (Prevention and Control of Pollution) Act, 1974 and functioning additionally under the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986. It is the primary regulatory authority for pollution control in Chhattisgarh, with headquarters in Raipur and regional offices across major industrial districts.

CGSPCB's core responsibilities include:

• Granting consents to industries to establish and operate facilities that generate effluents, emissions, or hazardous waste
• Monitoring ambient air quality at designated monitoring stations across the state
• Monitoring water quality in rivers, lakes, and ground water bodies near industrial areas
• Inspecting industrial units and taking enforcement action when consent conditions are violated
• Receiving and acting on pollution complaints from citizens, Gram Panchayats, and other bodies
• Issuing show-cause notices, directions under Section 33A of the Water Act, closure orders, and penalty orders against non-compliant industries
• Reviewing Environmental Impact Assessment (EIA) documents as part of the environmental clearance process
• Regulating hazardous waste handling, storage, and disposal by industries
• Issuing No Objection Certificates (NOCs) for projects that require state-level environmental scrutiny

CGSPCB is a public authority under Section 2(h) of the RTI Act and is fully obligated to respond to RTI applications filed under Section 6 within the statutory timeframe.

What Information Can You Request from CGSPCB?

CGSPCB holds a large volume of regulatory records that are directly relevant to citizens affected by industrial pollution. The following categories of information can be sought through an RTI application.

Factory and Industry Consent Records (CTE and CTO)

Every industry that sets up a unit emitting air pollutants or discharging effluents into water bodies must obtain two consents from CGSPCB:

• Consent to Establish (CTE) — granted before construction begins, subject to conditions on the design and pollution control equipment to be installed
• Consent to Operate (CTO) — granted after the unit is built and certified as compliant, allowing it to start production

Through RTI, you can request:

1. The list of all CTEs and CTOs granted in a specific district or area during a given year
2. A copy of the CTE or CTO order issued to a specific factory or company, including the conditions attached to the consent
3. The consent validity period — CTOs require periodic renewal; you can ask whether a factory's CTO has expired and whether it is operating without a valid consent
4. The category classification of an industry (Red, Orange, Green, or White, based on pollution potential) as assigned by CGSPCB under the Central Pollution Control Board's categorisation framework
5. Whether a CTE or CTO application for a specific project was rejected, and the reasons for rejection

Mining and Extractive Industry Approvals

Chhattisgarh has extensive coal, iron ore, bauxite, limestone, and dolomite mining activity. Mining operations must obtain environmental and pollution control clearances from both CGSPCB and the Ministry of Environment, Forest and Climate Change (MoEFCC). RTI can obtain:

1. The NOC or consent issued to a specific mine or quarry for air emissions (blasting dust, haul road dust) and water discharge (mine drainage into streams)
2. The conditions attached to the mining consent, including requirements for dust suppression, water treatment, green belts, and mine closure plans
3. Whether the mining company has complied with the consent conditions — you can ask for the inspection report following the most recent CGSPCB inspection of the mine
4. Details of any show-cause notices, directions, or closure orders issued to a mining company for violation of consent conditions or environmental standards
5. Whether the mine has submitted the annual environmental compliance report required under its consent conditions, and a copy of the same

Environmental Clearances and EIA Documents

For large projects (mining above a threshold area, thermal power plants, large industries), an Environmental Clearance (EC) from MoEFCC or the State Environment Impact Assessment Authority (SEIAA) is mandatory under the EIA Notification, 2006. CGSPCB plays a role in the state-level EC process. RTI can obtain:

1. A copy of the EIA report for a specific project submitted to CGSPCB or the SEIAA for review
2. The Terms of Reference (ToR) issued for the EIA study of a specific project
3. CGSPCB's comments or objections submitted to the SEIAA or MoEFCC on a project's EIA
4. The public hearing records conducted as part of the EIA process, including objections raised by local residents and the project proponent's responses
5. The final Environmental Clearance order, the conditions attached to it, and any post-clearance compliance reports filed by the project proponent

Pollution Complaint Records and Action-Taken Reports

If you or others in your community have filed a pollution complaint with CGSPCB against a factory, mine, or construction site, you have the right to know what action CGSPCB took. Through RTI, you can request:

1. The registration and acknowledgement of a specific complaint, citing the complaint number if available
2. The inspection report prepared by the CGSPCB officer who visited the site after the complaint was filed
3. Any show-cause notice, direction, or closure order issued to the industry as a result of the complaint
4. The action-taken report (ATR) on the complaint, including whether the industry complied and the current status of the complaint
5. If no action was taken, the reason recorded by the CGSPCB officer for not acting on the complaint

This is one of the most powerful uses of RTI in the pollution control context. If CGSPCB has received multiple complaints about the same industry but has consistently failed to take action, RTI-obtained ATRs document that institutional failure and can form the basis for a petition to the National Green Tribunal (NGT).

Ambient Air Quality Monitoring (AAQM) Data

CGSPCB operates a network of Ambient Air Quality Monitoring (AAQM) stations across Chhattisgarh, particularly in heavily industrialised areas such as Korba (thermal power zone), Raipur (steel and cement), and Raigarh (sponge iron cluster). Through RTI, you can obtain:

1. The ambient air quality data for a specific monitoring station and time period, including readings for PM10, PM2.5, SO₂, NO₂, and other pollutants
2. Whether monitored pollutant levels have exceeded the National Ambient Air Quality Standards (NAAQS) prescribed by the Central Pollution Control Board, and how often
3. The location of AAQM stations in a district and which industries are in the vicinity
4. CGSPCB's annual air quality reports for a district or industrial area
5. The stack emission data submitted by industries under their consent conditions and whether it was within permitted limits

Water Quality Data

CGSPCB monitors water quality in rivers and water bodies across Chhattisgarh, particularly the Mahanadi, Sheonath, Hasdeo, Jonk, and Arpa river basins. RTI can yield:

1. Water quality data (Biochemical Oxygen Demand, Chemical Oxygen Demand, dissolved oxygen, heavy metals, pH) for specific river stretches or water bodies for a given period
2. Whether water quality parameters have exceeded prescribed Indian Standards for surface water and what action was taken
3. Effluent quality data submitted by specific industries under their consent conditions and whether it met the prescribed effluent standards
4. Records of untreated effluent discharge detected during CGSPCB inspections and enforcement action taken

Penalties, Closure Orders, and Enforcement Actions

RTI is a powerful tool for understanding how effectively CGSPCB is enforcing environmental law. You can request:

1. A list of all closure orders or direction orders issued to industries in a district under Section 33A of the Water Act or Section 31A of the Air Act during a given period
2. A list of all penalties levied against industries under the Environment (Protection) Act, 1986 and the amount recovered
3. Show-cause notices issued to specific industries, the industry's response, and the final order passed
4. Whether a prosecution complaint has been filed against an industry in a criminal court under Section 43 or 44 of the Water Act or Section 37 or 38 of the Air Act, and the current status of such proceedings
5. Whether industries that were directed to install pollution control equipment have complied, and inspection reports verifying compliance

Hazardous Waste Records

Industries handling hazardous chemicals must register with CGSPCB and comply with the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. RTI can obtain:

1. The list of registered hazardous waste generators in a district
2. Whether a specific industry has obtained authorisation for hazardous waste handling and the conditions of that authorisation
3. The manifest records of hazardous waste transported from an industry to a disposal facility
4. Whether any illegal dumping of hazardous waste has been reported near a specific area and CGSPCB's action on the same

How to File RTI with CGSPCB

Step 1: Identify the Right Office

CGSPCB has its headquarters in Raipur and regional offices in major industrial districts including Korba, Bilaspur, Raigarh, Durg, Jagdalpur (Bastar), and others. For information about industries located in a specific district, file with the CGSPCB regional office for that district. For state-level data, policies, or consolidated information, file with the CGSPCB headquarters, Raipur.

If you are unsure which office holds the records you need, address your application to the SPIO at the headquarters; the SPIO is obligated under Section 6(3) of the RTI Act to transfer your application to the correct office within five days.

Step 2: File Online at rti.cg.gov.in

The correct online portal for filing RTI with all Chhattisgarh state government bodies — including CGSPCB — is https://rti.cg.gov.in. Do not use rtionline.gov.in, which serves only Central Government bodies. CGSPCB is a state body and its RTI is managed through the Chhattisgarh state portal.

To file online:

1. Visit rti.cg.gov.in and register or log in
2. Select "Chhattisgarh State Pollution Control Board" from the list of public authorities
3. Type your application text, specifying each question as a numbered item
4. Pay the ₹10 fee through the online payment gateway
5. Submit and save the acknowledgement receipt with the registration number — this is your proof of filing

Step 3: File by Post or in Person

You may also file by post or in person at the CGSPCB office. Prepare your application on plain paper addressing it to the Public Information Officer, CGSPCB, with each information request numbered. Attach the application fee of ₹10 by Indian Postal Order (IPO) drawn in favour of the accounts officer of CGSPCB, or by court fee stamp, as specified under Chhattisgarh RTI Rules. Send by Speed Post or Registered Post and retain the tracking number. If submitting in person, request a dated acknowledgement stamped by the office.

Step 4: Draft Your Questions Precisely

Frame each question as a separate numbered item. Be specific:

• Name the factory, mine, or project you are asking about
• Cite the complaint number if you are following up on a pollution complaint
• Specify the time period or financial year for which you want data
• Ask for certified copies of documents (inspection reports, consent orders, ATRs) rather than just summaries
• If asking for air or water quality data, specify the monitoring station location and the date range

Vague questions like "give me all pollution data" invite vague or evasive responses. Precise questions framed around specific records held by CGSPCB are much more effective.

Fee and Timeline

Application fee: ₹10 under the RTI (Regulation of Fee and Cost) Rules, 2005.

BPL exemption: Citizens who hold a valid Below Poverty Line (BPL) ration card are exempt from paying any fee under Section 7(5) of the RTI Act. Attach a self-attested photocopy of your BPL card when filing.

Additional charges for copies: If documents run to multiple pages, CGSPCB may charge ₹2 per page for photocopies. The SPIO must inform you of this cost before charging; you have the right to inspect records free of charge before deciding what copies you need.

Response timeline:

• 30 days from the date of receipt of the application: standard deadline for CGSPCB to provide the information (Section 7(1) of the RTI Act)
• 48 hours from receipt: if the information you seek relates to the life or liberty of a person — for example, if illegal effluent discharge is causing an acute health crisis in a community — the SPIO must respond within 48 hours (Section 7(1) proviso). Explicitly invoke this provision and explain the life or liberty nexus in your application.
• 35 days: if your application was transferred by one CGSPCB office to another under Section 6(3), the receiving office has 30 days from the date of transfer (i.e., up to 35 days from your original filing date)

First Appeal (Section 19(1))

If CGSPCB does not respond within the statutory 30-day period, or if the response is incomplete, evasive, incorrect, or provides access to only some of the requested documents, file a First Appeal under Section 19(1) of the RTI Act.

The First Appeal must be filed within 30 days of the date of decision or expiry of the 30-day response period, whichever is applicable. Address it to the First Appellate Authority (FAA) at CGSPCB. The FAA is typically a senior officer of CGSPCB above the rank of the SPIO — often the Member Secretary or a designated senior officer. The name and address of the FAA should be stated in the SPIO's response or displayed on the CGSPCB notice board and website.

Your First Appeal should include:

• A copy of your original RTI application with proof of filing (acknowledgement receipt or Speed Post tracking confirmation)
• The SPIO's response, if any was received
• A clear statement of what information was not provided or was provided incorrectly
• The specific relief you are seeking (provide the information / provide certified copies / waive additional fee)

The FAA must decide the First Appeal within 30 days of receipt (extendable to 45 days for reasons recorded in writing).

Second Appeal to the Chhattisgarh State Information Commission (Section 19(3))

If the First Appeal does not produce a satisfactory outcome, file a Second Appeal with the Chhattisgarh State Information Commission (CSIC) under Section 19(3) of the RTI Act. The CSIC is the correct second-appeal body for all Chhattisgarh state government bodies, including CGSPCB. Do not file with the Central Information Commission (CIC) — CIC's jurisdiction covers only Central Government bodies; CGSPCB is a state body.

File the Second Appeal within 90 days of the FAA's order or the expiry of the FAA's response period, whichever is earlier (the CSIC may condone delay for sufficient cause). Attach: the original RTI application with proof of filing, the SPIO's response, the First Appeal with proof of filing, and the FAA's order (or a statement that no order was received).

The CSIC has the power to:

• Order CGSPCB to provide the requested information
• Impose a penalty on the defaulting SPIO under Section 20 of the RTI Act
• Award compensation to the complainant for loss or detriment suffered due to information denial
• Recommend disciplinary action against the erring SPIO

Penalty Clause (Section 20)

If the State Information Commissioner finds that the SPIO refused, without reasonable cause, to receive an application, did not furnish information within the timeframe, knowingly gave incorrect or incomplete information, or destroyed information requested, the Commissioner shall impose a penalty of ₹250 per day for the period of default, up to a maximum of ₹25,000 under Section 20(1) of the RTI Act.

The burden is on the SPIO to prove that the denial was justified — not on you to prove it was unjustified. This reversal of the burden of proof is a significant protection for RTI applicants. The CSIC may also recommend disciplinary proceedings against the SPIO under Section 20(2).

Tips for Effective RTI with CGSPCB

1. Name the factory or mine specifically. "All industries in Korba" will produce an unmanageable or vague response. "Sponge iron plant operated by Company Name at Village, District" will produce actionable records.

2. Cite complaint numbers. If you have previously filed a pollution complaint with CGSPCB and received a complaint reference number, always cite it in your RTI application. This ties your information request directly to a specific record that CGSPCB's staff must locate and produce.

3. Ask for certified copies. A plain photocopy of an inspection report has limited value. A certified copy — signed and stamped by the SPIO or authorised officer as a true copy — is admissible before the NGT, High Court, or any quasi-judicial body. Always ask for "a certified copy" of the specific document.

4. Request inspection reports and the names of the inspecting officers. Inspection reports prepared by CGSPCB field officers after visiting a factory or mine are among the most valuable documents you can obtain. They contain on-the-ground observations of pollution levels, compliance or non-compliance with consent conditions, and the officer's recommendations. Knowing the names and designations of the inspecting officers is useful if you later need to file a complaint about how an inspection was conducted.

5. Cross-reference with the company's own annual compliance reports. Industries operating under consent are required to submit periodic self-monitoring and compliance reports to CGSPCB. Requesting a copy of the self-monitoring report submitted by a specific factory, and then requesting the CGSPCB inspection report for the same period, allows you to identify discrepancies between what the company claims and what regulators observed.

6. Use the 48-hour life/liberty provision when relevant. If a community's drinking water source has been contaminated by industrial effluent discharge, or if air pollution from a nearby plant is causing acute respiratory illness, the nexus between the information sought and the life/liberty of affected residents is direct. Explicitly state this in your application and invoke the 48-hour response provision under the Section 7(1) proviso. This applies particular pressure on CGSPCB to respond urgently.

7. File at the regional office, not just headquarters. For district-specific matters — a particular factory's consent, a specific river monitoring station's data, complaints about a local industry — the CGSPCB regional office for that district will hold the relevant records. Filing directly at the regional office is faster than routing through headquarters.

8. Preserve all communication. Keep copies of your application, fee receipt, acknowledgement, CGSPCB's response, First Appeal, FAA's order, and Second Appeal. If you later approach the NGT or a High Court with the RTI-obtained documents as evidence, a complete paper trail of how you obtained the information adds credibility to your submission.

9. Consider filing simultaneously for related data. If you are building a case about pollution from a specific industry, consider filing separate but coordinated RTI applications with CGSPCB (for consents, inspection reports, ATRs), the district Collectorate (for any complaints or revenue/land records), and the Ministry of Environment's regional office or SEIAA (for environmental clearance documents). Each RTI fills a different piece of the accountability picture.

10. RTI and the National Green Tribunal. The NGT has jurisdiction over all environmental disputes and has actively used RTI-obtained documents as evidence in suo motu and petitioner cases involving Chhattisgarh industries. CGSPCB inspection reports, pollution data, and consent orders obtained through RTI form a strong evidentiary foundation for NGT petitions. If your community is suffering from serious industrial pollution and CGSPCB has failed to act despite complaints, an NGT petition backed by RTI-obtained documents is a well-established and effective remedy.