How to File RTI with MoEFCC or CPCB for Environmental Clearance, Forest Clearance and Pollution Data

The Ministry of Environment, Forest and Climate Change (MoEFCC) is the apex Central Government body for planning, promoting, and coordinating environmental and forestry policies across India. It grants Environmental Clearance (EC) under the EIA Notification, 2006 for large industrial and infrastructure projects, Forest Clearance (FC) under the Forest (Conservation) Act, 1980 for projects that require the diversion of forest land, and Coastal Regulation Zone (CRZ) clearance under the CRZ Notification, 2019 for activities in coastal areas.

The Central Pollution Control Board (CPCB) is a statutory authority constituted under the Water (Prevention and Control of Pollution) Act, 1974 and functions under MoEFCC. CPCB issues Consent to Establish (CTE) and Consent to Operate (CTO) for industries across India, maintains the National Ambient Air Quality Monitoring Programme (NAMP) network, and coordinates the work of State Pollution Control Boards (SPCBs).

Both MoEFCC and CPCB are public authorities under Section 2(h) of the Right to Information Act, 2005. Citizens can file RTI applications with either body to obtain environmental clearance orders and conditions, forest clearance records, EIA reports, public hearing minutes, air quality data, and records of pollution violations and enforcement action.

Scope of this guide: This guide covers RTI applications filed with MoEFCC and CPCB for larger projects and national-level data. For the Delhi Pollution Control Committee (DPCC), which handles consents and state-level environmental matters within Delhi, see the separate guide for DPCC on this portal. For Category B projects and state-level consents in other states, file with the respective State Pollution Control Board (SPCB) — the second appeal for SPCBs goes to the State Information Commission (SIC), not the Central Information Commission.

MoEFCC vs CPCB vs SPCBs: Which Body Handles What

Environmental Clearance: What It Is and What RTI Can Reveal

What is Environmental Clearance?

Under the EIA Notification, 2006 issued under the Environment (Protection) Act, 1986, certain categories of projects — thermal power plants, coal mines, large real estate developments, highways, ports, refineries, and other specified industries — must obtain an Environmental Clearance from MoEFCC before construction begins.

• Category A projects (larger, with significant interstate or national impact): appraised and decided by MoEFCC, with the Expert Appraisal Committee (EAC) conducting the technical review.
• Category B projects (smaller, with primarily local or state-level impact): appraised and decided by the State Environment Impact Assessment Authority (SEIAA) under the respective State Government.

Check PARIVESH first: Before filing an RTI, visit parivesh.nic.in — MoEFCC's public single-window portal for all clearances. Search for the project by name, state, or proposal number. The portal displays the current stage of the proposal, the date of EC grant or rejection, and in many cases a link to the EC order. If the information is already available on PARIVESH, you may not need an RTI. File an RTI when the portal does not carry the specific documents you need — detailed EC conditions, compliance monitoring reports, show-cause notices, or inspection reports.

What RTI Can Obtain

• The EC order itself: The text of the environmental clearance, the date it was granted, and the authority that granted it
• EC conditions: General and specific conditions attached to the clearance — limits on pollution discharge, green belt requirements, groundwater extraction limits, water body protection conditions, and post-clearance monitoring requirements
• Compliance Monitoring Reports: Project proponents are required to submit half-yearly compliance reports to MoEFCC. RTI can compel disclosure of these reports and any observations made by the EAC or MoEFCC on non-compliance
• Show-cause notices and enforcement action: If MoEFCC has issued notices for violation of EC conditions, RTI can obtain copies of the notices, the project proponent's response, and the outcome of the proceedings
• Inspection reports: MoEFCC or authorised inspection bodies periodically inspect project sites for EC condition compliance; inspection reports are obtainable via RTI

Forest Clearance: Diversion of Forest Land

What is Forest Clearance?

The Forest (Conservation) Act, 1980 prohibits the use of forest land for non-forest purposes without prior approval from the Central Government (MoEFCC). Any project — mine, highway, power plant, dam, or other infrastructure — that requires forest land must obtain a Forest Clearance (FC) from MoEFCC before proceeding.

The Forest Advisory Committee (FAC), a statutory body under MoEFCC, appraises FC proposals and recommends approval or rejection. The final decision rests with MoEFCC.

What RTI Can Obtain

• FC order and conditions: Whether the FC was granted or rejected, the date and conditions attached — including the extent of forest land diverted (in hectares), and conditions on road construction, wildlife corridors, and worker camps within forest areas
• Compensatory Afforestation (CA) requirement: When forest land is diverted, the project proponent must carry out compensatory afforestation — planting an equivalent (or double, in certain cases) area of trees. RTI can obtain the CA requirement, the land identified for CA, and compliance reports
• Stage I and Stage II clearance: FC is typically granted in two stages. RTI can clarify which stage has been reached and what conditions must be met before the project can proceed
• Wildlife clearance: For projects in or adjacent to wildlife sanctuaries and national parks, a separate clearance from the National Board for Wildlife (NBWL) is required; RTI with MoEFCC can obtain the NBWL clearance order and conditions

Air Quality Data: What CPCB Monitors and What RTI Can Get

CPCB's National Ambient Air Quality Monitoring Programme

CPCB operates the National Ambient Air Quality Monitoring Programme (NAMP), which runs hundreds of monitoring stations across India's cities and towns, measuring concentrations of PM2.5, PM10, SO2, NO2, CO, ozone, and other pollutants.

The data collected under NAMP is a public record. CPCB publishes aggregated data on its website and the SAMEER app, but granular station-level data — monthly averages, raw readings, data quality records, and equipment calibration records — can be obtained through RTI.

What RTI Can Obtain from CPCB

• Station-level ambient air quality data: Monthly average concentrations of PM2.5, PM10, SO2, and NO2 at a specific NAMP station for a specified period
• Exceedance records: How many days in a given period the PM2.5 or PM10 readings exceeded the National Ambient Air Quality Standards (NAAQS) at a specific station
• CPCB's annual reports and city-level rankings: Data on the most polluted cities and the trend in pollution levels over years
• Continuous Ambient Air Quality Monitoring (CAAQMS) data: For cities with CAAQMS stations, real-time continuous monitoring data
• Industry-level emission data: Stack emission data submitted by large industries to CPCB, where CPCB holds these records

EIA Report Access: A Public Document You Can Compel

Why the EIA Report Matters

The Environmental Impact Assessment (EIA) report is the foundational document for any EC application. It contains the project description, baseline environmental data (air, water, noise, soil, ecology), predicted environmental impacts, the Environment Management Plan (EMP), risk assessment, and the details of the public consultation process.

Under the EIA Notification, 2006, the EIA report must be made available for public inspection during the public hearing process. Despite this, many EIA reports are never easily accessible to affected communities.

RTI for EIA Reports and Public Hearing Records

RTI is the legal mechanism to compel disclosure of:

• The final EIA report: The complete document submitted to MoEFCC for appraisal, including all annexures, baseline monitoring data, and the EMP
• The Form 1 / Form 1A application: The initial screening document filed by the project proponent
• Public hearing minutes: A verbatim or near-verbatim record of what was said at the mandatory public hearing — objections raised by local communities, the project proponent's responses, and the presiding officer's observations
• Written representations: Any written objections and petitions submitted by individuals or organisations during the public consultation
• EAC meeting minutes: The minutes of the Expert Appraisal Committee meeting at which the project was discussed and recommended for clearance or rejection

Practical tip: EIA reports can be hundreds of pages long. If you want to inspect rather than obtain copies, state in your RTI: "I seek to inspect the EIA report and public hearing minutes for project name at the CPIO's office." Inspection of records is free of charge under Section 7(9) of the RTI Act and costs you only the time spent at the office.

Where to File

Identifying the Right Authority

How to File on RTI Online Portal

1. Visit rtionline.gov.in and click Submit Request
2. Select Ministry of Environment, Forest and Climate Change
3. Select either MoEFCC or Central Pollution Control Board (CPCB) as the public authority, depending on what you are seeking
4. State your questions clearly — include the project name, PARIVESH proposal number if known, location (district and state), and the specific documents or data you need
5. Pay ₹10 online. BPL cardholders are exempt — attach a copy of your BPL card
6. Submit and note your registration number for tracking

Tip: If you need certified copies of EC orders, FC orders, or EIA reports for legal proceedings, explicitly state: "I seek certified copies of the following documents…" This ensures the CPIO provides certifications, not merely scanned uploads.

What Specific Information Can You Ask For

The following list covers the most commonly sought information in RTI applications to MoEFCC and CPCB. Select the points relevant to your situation:

Environmental Clearance:

1. The EC order number, date, and full text of conditions (general and specific) for project name, location, PARIVESH number
2. Half-yearly compliance reports submitted by the project proponent to MoEFCC for the last two years, and MoEFCC's observations on compliance
3. Whether any violation of EC conditions has been recorded and what enforcement action has been taken — copies of show-cause notices, directions, or orders issued
4. The constitution of the Expert Appraisal Committee (EAC) that appraised this project, and certified copies of the EAC meeting minutes in which the project was discussed
5. Whether any amendment to the EC has been granted — if so, copy of the amendment order and updated conditions

Forest Clearance: 6. Stage I and Stage II FC orders for project name, the date of each order, and all conditions attached 7. The compensatory afforestation requirement — area, species, location of CA land, and compliance monitoring reports submitted by the project proponent 8. The FAC recommendation report for the project, including the FAC's site inspection findings if a site visit was conducted

EIA and Public Hearing: 9. Certified copies of the final EIA report and Environment Management Plan (EMP) for project name 10. Minutes of the public hearing conducted under the EIA Notification, 2006, including all objections received and the project proponent's response 11. Written representations submitted during the public consultation and the action taken on each

CPCB — Air Quality and Pollution Enforcement: 12. Monthly average PM2.5, PM10, SO2, and NO2 concentrations at monitoring station name for the period Month/Year to Month/Year 13. Complaints received by CPCB against industry name, address in the last three years, the nature of each complaint, and the action taken 14. Copies of any show-cause notice, closure order, or direction issued to industry name under the Water Act 1974, Air Act 1981, or the Environment (Protection) Act 1986

Appeals

First Appeal (Section 19(1)): If no response is received within 30 days, or if the response is incomplete or unsatisfactory, file a First Appeal with the First Appellate Authority (FAA) at MoEFCC or CPCB (as applicable) within 30 days of the date of decision or the expiry of the 30-day response period, whichever is applicable. The FAA must decide within 30 days, extendable to 45 days with reasons in writing.

Second Appeal (Section 19(3)): If the FAA's response is also absent or unsatisfactory, file a Second Appeal with the Central Information Commission (CIC) under Section 19(3) within 90 days of the FAA's decision or the expiry of the First Appeal period. Both MoEFCC and CPCB are Central Government bodies — the second appeal always goes to the CIC.

Penalty: The CIC may impose a penalty of ₹250 per day (up to a maximum of ₹25,000) on the errant CPIO under Section 20 of the RTI Act for failing to comply with the Act, and may recommend disciplinary proceedings.

For State Pollution Control Boards: If you are filing RTI with an SPCB (not with CPCB or MoEFCC), the second appeal goes to the State Information Commission (SIC) of the respective state, not the CIC.

A note on Section 8 exemptions: MoEFCC occasionally invokes Section 8(1)(h) (information that would impede an ongoing investigation) to withhold enforcement records. This exemption does not shield concluded proceedings or factual records such as monitoring data, issued notices, or clearance conditions. If MoEFCC applies this exemption to concluded matters, it is a sound ground for First Appeal.