How to Get Consent to Establish/Operate from the Pollution Board (2026)
How to get Consent to Establish and Consent to Operate from the State Pollution Control Board: which laws require it, how the application works, the Red, Orange, Green and White categories, and how to appeal a refusal or a harsh condition. Last verified October 2026.
How-To Guide · Environmental Law · India
Before you build a factory or project that can pollute water or air, and again before you start running it, you need consent from the State Pollution Control Board. The first permission is Consent to Establish, taken before construction. The second is Consent to Operate, taken before you begin operations. This consent is required by Section 25 of the Water Act, 1974 and Section 21 of the Air Act, 1981. This guide explains who needs it, the Red, Orange, Green and White categories that decide how strict the process is, how to apply, and what to do if the board refuses consent or imposes conditions you cannot live with. Last verified October 2026.
- Two stages: Consent to Establish before you build, then Consent to Operate before you start running, both from the State Pollution Control Board.
- Which law: Section 25 of the Water Act, 1974 and Section 21 of the Air Act, 1981.
- Your category decides: Red, Orange, Green or White under the CPCB list; White category units are exempt from consent.
- If refused: appeal to the Appellate Authority under the Water or Air Act, and then to the National Green Tribunal.
01What consent is and why you need it
Consent is the pollution board's permission to set up and run an activity that may discharge effluent into water or emit pollutants into the air. It comes in two stages:
- Consent to Establish (CTE): taken before you build or expand. The board checks the site, the process and the pollution control you plan to install.
- Consent to Operate (CTO): taken before you start running, once the pollution control systems are in place. It is granted for a fixed period and must be renewed.
Why you cannot skip it
Running without consent is itself a breach. The board can order closure, cut power and water, and prosecute, and a project built without CTE can be challenged even after it is up. It is far cheaper to get consent first than to fight a closure order later.
02Which law requires it
Two central Acts create the consent system, administered by the State Pollution Control Board in each state:
- Water Act, 1974: Section 25 requires the board's prior consent before you establish or operate any industry, process or treatment plant likely to discharge sewage or trade effluent into a water body or sewer, and Section 26 covers existing discharges.
- Air Act, 1981: Section 21 requires the board's previous consent before you establish or operate any industrial plant in an air pollution control area.
In practice the states run a single, often online, consent process that covers both Acts together, and many also fold in authorisation under the hazardous and other waste rules, so you apply once for a combined consent.
03Red, Orange, Green and White
How strict the process is depends on your category. The Central Pollution Control Board sorts industries into four colours by their pollution load.
| Category | Pollution load | Consent position |
|---|---|---|
| Red | Highest polluting | Consent needed; strictest scrutiny and shortest validity |
| Orange | Medium | Consent needed; moderate conditions |
| Green | Low | Consent needed; lighter conditions and longer validity |
| White | Practically non-polluting | Exempt from consent; usually only an intimation is required |
So the first thing to check is your colour, because a White category unit does not need consent at all, while a Red category unit faces the most detailed review and the shortest renewal cycle.
04How to apply, step by step
The process is largely online now through your State Pollution Control Board portal. The usual flow is:
- Confirm the category and whether you need consent at all.
- Apply for CTE before construction, with the project report, site details, water and raw material use, and the pollution control measures you will install.
- Pay the consent fee fixed for your category and capital investment.
- Build and install the effluent treatment plant, air pollution control equipment and other systems the CTE requires.
- Apply for CTO before you start operations, showing the systems are installed and working, and get the consent for the validity period your category allows.
- Renew the CTO before it expires, and keep to the conditions, because monitoring and surprise inspections continue.
Timelines and fees vary by state, so follow the exact checklist on your own board's portal.
05Consent is not environmental clearance
People often confuse consent with environmental clearance. They are different permissions.
Environmental clearance (EC) is granted under the Environment Impact Assessment Notification, 2006, made under the Environment (Protection) Act, 1986, for larger listed projects, and often needs an environmental impact study and a public hearing. Consent under the Water and Air Acts is the pollution board's separate permission to discharge and emit within limits. A big project may need both: EC first, then consent. The penalty side of the Environment (Protection) Act is explained in Section 15 of the Environment (Protection) Act.
06If consent is refused: the appeal
If the board refuses consent, revokes it, or grants it on conditions you cannot accept, you are not stuck with that order.
- Appellate Authority: an appeal against a Water Act consent order lies to the Appellate Authority under Section 28 of the Water Act, and against an Air Act consent order under Section 31 of the Air Act. This is a state authority set up for consent appeals.
- National Green Tribunal: from there, or in many consent and closure disputes directly, the matter can go to the NGT, which hears most environmental cases.
- High Court: a writ petition may lie where there is a question of jurisdiction or fairness.
For how the tribunal works, see NGT procedure in India, and to follow consent and closure disputes there use case search in the National Green Tribunal.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
A consent fight moves fast and across forums, from the board to the Appellate Authority, the National Green Tribunal, and sometimes the High Court, often with a closure or power-disconnection order running in parallel. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, including the NGT and the High Courts, so you can follow a consent or closure matter by the name of the industry, the board or the advocate and never miss the next date. You can also search more than 30 crore judgments, with Supreme Court rulings from 1950 and High Court rulings from 1990, to see how tribunals have treated refusals, conditions and revocations in your kind of industry, with results in under 5 seconds.
Claw does not use the documents you upload to train its AI models. Create a free Claw account to track a consent appeal or a closure challenge and follow every hearing, and use case search across Indian courts to read across the wider body of environmental law.
08Sources and further reading
- Central Pollution Control Board (categorisation and consent guidance): cpcb.nic.in
- Ministry of Environment, Forest and Climate Change: moef.gov.in
- India Code (Water Act, 1974 and Air Act, 1981): indiacode.nic.in
- Claw: clawlaw.in
This guide is general information, not legal advice. Categories, fees and timelines differ by state and change over time, so follow your own State Pollution Control Board portal and take advice from counsel before you act.
09Frequently asked questions
What is the difference between Consent to Establish and Consent to Operate?
Consent to Establish is taken before you build or expand a unit, and the board checks the site and the pollution control you plan. Consent to Operate is taken before you start running, once the pollution control systems are in place, and it is granted for a fixed period that must be renewed.
Which law requires consent from the pollution board?
Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 requires prior consent before you establish or operate a unit likely to discharge effluent, and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981 requires previous consent before an industrial plant in an air pollution control area.
Does every industry need consent?
No. The CPCB sorts industries into Red, Orange, Green and White categories. White category units, which are practically non-polluting, are exempt from consent and usually only give an intimation. Red, Orange and Green units all need consent, with Red facing the strictest review.
Is consent the same as environmental clearance?
No. Environmental clearance is granted under the EIA Notification, 2006 for larger listed projects and may need an impact study and a public hearing. Consent under the Water and Air Acts is the board's separate permission to discharge and emit within limits. A big project may need both.
How do I appeal if the board refuses consent?
Appeal to the Appellate Authority under Section 28 of the Water Act or Section 31 of the Air Act, depending on which consent is in dispute. From there, consent and closure matters can go to the National Green Tribunal, and a writ petition to the High Court may lie in a proper case.
Can I track a consent or closure dispute in Claw?
Yes. Claw tracks cases, orders and hearings across 9,102 courts, benches and forums, including the NGT and High Courts, and lets you search more than 30 crore judgments in under 5 seconds for how similar consent refusals and closures were decided. It researches and tracks the matter but does not give legal advice.