Consent order explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
If a State Pollution Control Board refuses your consent, imposes a condition you consider unreasonable, or varies or revokes a condition, section 28 gives you an appeal, within thirty days, to an appellate authority the State Government constitutes. Section 29 separately lets the State Government call for the records and revise a Board order, but not while an appeal is open or pending.
This article is current as amended up to the Water (Prevention and Control of Pollution) Amendment Act, 2024 (these sections were not changed by it). Later amendments and notifications should be checked. If you are considering an appeal, our legal dispute resolution team can help you prepare it.
Section 28: any person aggrieved by an order of the State Board under section 25, 26 or 27 may appeal within thirty days of the order being communicated to him, to the appellate authority set up by the State Government. The authority may hear a late appeal if the appellant was prevented by sufficient cause. It can annul or substitute an unreasonable condition. Section 29: the State Government may call for records and revise an order for legality or propriety, after hearing the Board and the person affected, but not where an appeal lies and has not been filed, or is pending.
Section 28(1): who may appeal, and when
"Any person aggrieved by an order made by the State Board under section 25, section 26 or section 27 may, within thirty days from the date on which the order is communicated to him, prefer an appeal to such authority (hereinafter referred to as the appellate authority) as the State Government may think fit to constitute."
| Element | Text |
|---|---|
| Who | "Any person aggrieved", not only the applicant |
| What | An order of the State Board under section 25 (consent), section 26 (existing discharges) or section 27 (refusal, review, variation or revocation) |
| Period | Thirty days from the date the order is communicated to him |
| Forum | The appellate authority constituted by the State Government |
The clock starts on communication. Keep proof of the day the order reached you.
The proviso on delay. "The appellate authority may entertain the appeal after the expiry of the said period of thirty days if such authority is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time." Delay is therefore not automatically fatal, but the cause must be shown and must be sufficient. Do not rely on the proviso as a plan; file within thirty days.
Section 28(2): the appellate authority
"An appellate authority shall consist of a single person or three persons, as the State Government may think fit, to be appointed by that Government." So the form of the authority depends on the State's notification.
Section 28(3) and (4): form, fees, procedure and hearing
- Form, manner, fees and procedure are "such as may be prescribed". The Act sets no form and no fee.
- Hearing. On receiving an appeal, the authority "shall, after giving the appellant and the State Board an opportunity of being heard, dispose of the appeal as expeditiously as possible". The Act sets no time for decision.
Section 28(5): what the authority can do
If the authority determines that a condition imposed, or the variation of a condition, "was unreasonable":
- (a) where the appeal concerns a condition imposed, it may direct that the condition be treated as annulled, or that a reasonable condition be substituted;
- (b) where the appeal concerns a variation of a condition, it may direct that the condition be treated as continuing in force unvaried, or that it be varied in a reasonable manner.
This is a power over conditions. Section 28(5) does not say what the authority may order on a refusal of consent. A refusal is still an order under section 25, 26 or 27 against which section 28(1) allows an appeal.
Section 29: revision by the State Government
Section 29(1). The State Government "may at any time either of its own motion or on an application made to it in this behalf, call for the records of any case where an order has been made by the State Board under section 25, section 26 or section 27 for the purpose of satisfying itself as to the legality or propriety of any such order" and may pass such order as it thinks fit.
Proviso. The State Government "shall not pass any order under this sub-section without affording the State Board and the person who may be affected by such order a reasonable opportunity of being heard in the matter."
Section 29(2): the bar. The State Government "shall not revise any order made under section 25, section 26 or section 27 where an appeal against that order lies to the appellate authority, but has not been preferred or where an appeal has been preferred such appeal is pending before the appellate authority."
In plain terms, you cannot go to the State Government in revision in place of an appeal while the appeal route is available, and the Government will not revise while an appeal is pending. Revision is therefore a fallback after the appeal route is closed, or a power of the Government's own motion subject to that bar.
How this differs from the NGT appeal
The appeal under section 28 is to a State-level authority, on orders of the State Board under sections 25, 26 and 27. The appeal to the National Green Tribunal under section 33B is different. It lies against an order or decision of the appellate authority under section 28, an order of the State Government under section 29, or directions of a Board under section 33A, in each case made on or after the commencement of the NGT Act, 2010. See sections 33 to 33B, and our guide to the NGT appeal process. So the sequence for a consent dispute is first the appellate authority (or, subject to the bar, revision) and then the Tribunal.
Steps for an appeal
- Note the date of communication of the order and compute the thirty days.
- Identify the section under which the Board acted: 25, 26 or 27.
- Obtain the form and fee prescribed in your State for appeals under section 28(3).
- State the grounds, especially if a condition or variation is unreasonable, since section 28(5) turns on unreasonableness.
- File within time and keep proof of filing.
- Prepare for the hearing, as both you and the Board will be heard.
- Consider the next stage, the Tribunal, if the result is adverse.
An example
Wainganga Rubber Industries Private Limited receives a Board order refusing consent to operate a new outlet. The order is communicated on a Tuesday. The company's advisers count thirty days from that date, file an appeal with the prescribed fee, and argue that the reasons recorded do not justify refusal. While the appeal is pending, the company does not approach the State Government in revision, since section 29(2) bars revision while an appeal is pending.
Need help with an appeal?
Consent disputes are won on timelines and reasons. Our legal dispute resolution team can help you prepare and file an appeal, argue the unreasonableness of a condition, and plan for the National Green Tribunal if needed.
Key takeaways
- Appeal lies to the appellate authority within thirty days of the order being communicated, against Board orders under sections 25, 26 and 27.
- A late appeal may be entertained if sufficient cause is shown.
- The authority may annul or substitute an unreasonable condition, or keep a condition unvaried or vary it reasonably.
- The State Government's revision under section 29 requires a hearing and is barred while an appeal lies unfiled or is pending.
- A further appeal to the National Green Tribunal lies under section 33B.
Read next
- Section 25: consent to establish and operate
- Sections 26 and 27: existing discharges and withdrawal of consent
- Sections 33 to 33B: closure directions and the appeal to the NGT
- NGT appeal process for environmental disputes
Disclaimer: Based on the Environment (Protection) Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981 and the Public Liability Insurance Act, 1991 as amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force for these Acts from 1 April 2024), the Water (Prevention and Control of Pollution) Act, 1974 as amended by its Amendment Act of 2024 (which applies only in the States and Union territories it names and in States that adopt it), and the National Green Tribunal Act, 2010 as amended by the Tribunals Reforms Act, 2021, as consulted on 3 October 2026. Later amendments, rules and notifications should be checked. This article is general information, not legal advice; check the official text before acting.