Environmental Law in Haryana: The State Pollution Control Board, Consents, Groundwater, NCR Air Pollution, Stubble Burning, Waste, Mining, the Aravallis, Wetlands and Forests

Haryana is a small State with outsized environmental challenges. Fourteen of its districts lie in the National Capital Region, so its industries, vehicles, construction and farm fires shape Delhi's air. It is part of the Green Revolution heartland, where paddy cultivation has drained aquifers. Its southern districts contain the fragile Aravalli hills, which recharge groundwater and act as a barrier against the Thar desert, but face mining and real estate pressure. It has the lowest forest cover of any major State. And it has been the subject of landmark cases before the Supreme Court and the NGT. This note gathers the Haryana-specific law and litigation that judiciary aspirants, especially for Haryana's judicial and prosecution examinations, should know.

1. Environmental Regulation in Haryana: Overview

Haryana applies the central environmental laws (Water Act, Air Act, EPA and rules, forest, wildlife and biodiversity laws), supplemented by important State laws:

• the Punjab Land Preservation Act, 1900 (PLPA), applicable in Haryana, which allows the State to regulate or prohibit clearing of land, cutting of trees and quarrying in notified areas to prevent erosion, and has been used to protect large parts of the Aravallis and Shivaliks;
• the Haryana Preservation of Sub Soil Water Act, 2009, which prohibits sowing paddy nurseries and transplanting paddy before notified dates (generally mid-May and mid-June), to reduce groundwater extraction in the hottest months;
• the Haryana Water Resources (Conservation, Regulation and Management) Authority Act, 2020, which created the Haryana Water Resources Authority (HWRA) to regulate groundwater;
• the Haryana Pond and Waste Water Management Authority Act, 2018, for rejuvenation and management of village ponds and reuse of treated wastewater;
• the Haryana Non-Biodegradable Garbage (Control) Act, 1998, which prohibits throwing non-biodegradable garbage in public drains and places and underpins the State's bans on plastic carry bags;
• the Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012, under Section 15 and Section 23C of the MMDR Act; and
• the Haryana Municipal Corporation Act, 1994, Haryana Municipal Act, 1973 and Haryana Panchayati Raj Act, 1994, which assign sanitation, waste and local environmental duties.

2. Haryana State Pollution Control Board and Consents

2.1 The Board

The Haryana State Pollution Control Board (HSPCB), headquartered at Panchkula, was constituted in 1974 under the Water Act and also functions under the Air Act and EPA rules. It has regional offices across the State. It grants consents and authorisations, inspects and samples, monitors air and water quality, enforces waste rules, issues closure directions, and levies environmental compensation in line with CPCB guidelines and the Supreme Court's decision in DPCC v. Lodhi Property (2025). In the NCR districts it acts under the directions of the CAQM.

2.2 Consent to Establish in Haryana

Under Section 25 of the Water Act and Section 21 of the Air Act, no industry or process in the red, orange or green categories may be established without the Board's consent to establish (CTE). In Haryana, applications are made online through the Board's consent management system, integrated with the State's single-window investment portal. The Board examines siting (distance from habitation, water bodies, Aravalli and forest areas), proposed pollution control measures and compliance with CAQM restrictions (for example, only approved fuels in the NCR). White category industries, which are practically non-polluting, need no consent but must register or intimate.

2.3 Consent to Operate in Haryana

After establishing the unit and installing pollution control equipment, the industry must obtain consent to operate (CTO) before commencing production. The CTO specifies discharge and emission standards, monitoring, and conditions on waste. It is granted for a fixed period, longer for less polluting categories, and the HSPCB has provided for auto-renewal on self-certification for certain categories to ease compliance. Operating without consent remains a criminal offence after the Jan Vishwas and Water Amendment reforms, while other contraventions attract monetary penalties.

2.4 Environmental clearance procedure and SEIAA Haryana

Category A projects in Haryana are cleared by the Ministry of Environment after appraisal by the Expert Appraisal Committee. Category B projects, which include most building and construction projects (a large share of applications in Gurugram and Faridabad), minor mineral mining and many industries, are cleared by the State Level Environment Impact Assessment Authority (SEIAA) Haryana after appraisal by the State Expert Appraisal Committee (SEAC). The process follows the EIA Notification, 2006: screening, scoping, public consultation (for B1 projects) and appraisal, with applications on PARIVESH. Projects within ten kilometres of protected areas such as Sultanpur National Park or the Asola-Bhatti sanctuary on the Delhi border also require wildlife clearance.

3. Groundwater in Haryana

3.1 Groundwater depletion

Haryana's groundwater is among the most depleted in India. The 2024 assessment classified 88 of 143 blocks as over-exploited, with a further 11 critical and 8 semi-critical, and only 36 safe. The average water table fell by about 5.4 metres between 2014 and 2024. The main drivers are paddy cultivation with free or subsidised electricity for tube wells, urban demand in Gurugram and Faridabad, and industrial use. Groundwater quality is also deteriorating, with salinity in the south-west, and fluoride, uranium, arsenic and nitrate exceeding limits in several districts.

3.2 Groundwater regulation in Haryana

The Haryana Water Resources Authority (HWRA), created by the 2020 Act, is the regulator for groundwater in Haryana. Industries, infrastructure, commercial and bulk users must obtain a no objection certificate from the HWRA for groundwater abstraction, through an online portal, with conditions on metering, recharge and use of treated wastewater; the HWRA periodically notifies block-wise categorisation and restricts new abstraction in over-exploited blocks. The State's measures to reduce demand include the Haryana Preservation of Sub Soil Water Act, 2009, the Mera Pani Meri Virasat scheme (an incentive of Rs 7,000 per acre to farmers who switch from paddy to less water-intensive crops), direct seeded rice, micro-irrigation, and pond rejuvenation under the Pond Authority.

4. Air Pollution in Haryana's NCR Districts

4.1 Air pollution in NCR districts and the CAQM

Gurugram, Faridabad, Sonipat, Panipat, Jhajjar, Rohtak, Bahadurgarh and other NCR districts suffer from vehicular emissions, construction dust, industrial pollution, diesel generator sets, waste burning and regional stubble smoke. As an NCR State, Haryana is subject to the CAQM, whose directions prevail over those of the State and HSPCB. Key CAQM measures in Haryana include: switching NCR industries to PNG or approved fuels and banning coal (from January 2023); restrictions on diesel generator sets; dust control registration and self-audit for construction sites; GRAP restrictions (on construction, vehicles and industries) when Delhi's AQI worsens; and biomass co-firing in thermal power plants such as Panipat, Yamunanagar and Jhajjar. Haryana is represented on the Commission through its Chief Secretary or environment Secretary.

4.2 Industrial pollution in Haryana

Industrial clusters at Panipat (textiles, dyeing and the refinery), Faridabad (engineering and electroplating), Gurugram-Manesar (automobiles), Sonipat-Kundli, Yamunanagar (plywood, paper) and Bahadurgarh (footwear) generate air and water pollution. Untreated or partly treated effluents from drains such as Drain No. 6 and Drain No. 8 flow into the Yamuna, and effluents from the north into the Ghaggar. The NGT and Supreme Court have directed common effluent treatment plants, closure of units discharging untreated effluents, and action plans for the Yamuna and Ghaggar.

5. Stubble Burning Regulation in Haryana

Paddy stubble burning in Kaithal, Karnal, Kurukshetra, Fatehabad, Jind, Sirsa and neighbouring districts contributes to NCR smog in October and November. The legal and policy framework includes the NGT's 2015 order in Vikrant Kumar Tongad prohibiting crop residue burning; Section 144 prohibitory orders; the CAQM Act, under which environmental compensation is levied on farmers (doubled in November 2024 to Rs 5,000, 10,000 and 30,000 per incident depending on landholding); and the Haryana State Action Plan submitted to the CAQM each year. Haryana combines incentives and enforcement:

• an incentive of Rs 1,200 per acre (raised from Rs 1,000) for in-situ and ex-situ management of paddy straw, and subsidies of fifty per cent or more on crop residue management machinery;
• cash rewards to red-zone and yellow-zone panchayats that achieve zero burning;
• red entries in the Meri Fasal Mera Byora portal for farmers found burning, barring them from selling crops on the e-procurement portal at MSP for subsequent seasons, and registration of FIRs; and
• support for ex-situ use through biomass power, bio-CNG and ethanol plants (such as the Panipat 2G ethanol plant) and baling.

Reported active fire locations in Haryana fell from about 6,987 (2021) and 3,661 (2022) to 2,303 (2023) and 1,406 (2024), a decline the State attributes to incentives and enforcement, though satellite timing and under-reporting have been questioned. The Supreme Court in 2024 criticised Haryana and Punjab for nominal penalties and weak prosecution.

6. Solid Waste and Plastic Waste in Haryana

6.1 Solid waste management in Haryana

Haryana adopted a cluster-based approach to solid waste management, grouping urban local bodies into regional clusters with integrated processing facilities. Implementation has lagged, and the most prominent failure is the Bandhwari landfill on the Gurugram-Faridabad road in the Aravallis, which received the waste of both cities and accumulated millions of tonnes of legacy waste, with leachate contaminating groundwater and fires breaking out. In September 2022, the NGT imposed environmental compensation of Rs 100 crore on the State of Haryana for failing to clear the legacy waste and stop the damage, directed the Chief Secretary to deposit it in a ring-fenced account to be used under a committee's supervision, prohibited fresh dumping, and has continued to monitor compliance, with further penalties on the Gurugram Municipal Corporation. The Solid Waste Management Rules, 2026 now require stricter segregation, bulk generator responsibility and time-bound remediation of legacy dumps.

6.2 Plastic waste regulation in Haryana

Haryana implements the national Plastic Waste Management Rules, 2016 (as amended), including the ban on identified single-use plastic items from 1 July 2022, and the 120-micron minimum for carry bags. State notifications under the Haryana Non-Biodegradable Garbage (Control) Act, 1998 have banned plastic carry bags and certain disposable items. The HSPCB registers plastic manufacturers and recyclers, and municipal bodies conduct enforcement drives and levy spot fines under their bye-laws.

7. Mining and the Aravallis

7.1 Mining and environmental clearance in Haryana

Haryana's mining is mostly of minor minerals: sand and gravel from the Yamuna and other riverbeds, and stone from the Aravallis and Shivaliks. All mining leases require environmental clearance (Deepak Kumar, 2012), generally from SEIAA Haryana, based on District Survey Reports under the sand mining guidelines. Illegal mining on the Yamuna and in the Aravallis has repeatedly been the subject of NGT orders, and the State uses the 2012 Rules, e-transit passes, and district task forces to control it.

7.2 Aravalli protection and Haryana

The Aravallis in the Haryana districts of Gurugram, Faridabad, Nuh, Rewari and Mahendragarh are critical for groundwater recharge, biodiversity (including leopards) and as a green lung for the NCR. The main legal protections are:

1. Mining ban: on 8 May 2009, in the M.C. Mehta Aravalli matter, the Supreme Court prohibited mining in the Aravalli hills in Faridabad, Gurugram and Mewat (Nuh), following earlier orders from 2002;
2. PLPA lands as forest: in Narinder Singh v. Divesh Bhutani (21 July 2022), a three-judge bench held that lands covered by special orders under Section 4 of the PLPA in Faridabad have all the trappings of forest under the Forest (Conservation) Act, so that non-forest use, including farmhouses, banquet halls and restaurants built after 25 October 1980, requires prior approval of the Central Government, and unauthorised structures must be removed;
3. Kant Enclave and Khori Gaon: in 2018 the Supreme Court ordered demolition of constructions in Kant Enclave, Faridabad, on PLPA land, and in 2021 it directed removal of thousands of encroachments at Khori Gaon on Aravalli forest land in Faridabad, with rehabilitation for eligible residents; and
4. Definition of the Aravallis: in November 2025 the Supreme Court accepted a uniform definition (landforms more than 100 metres above local relief), but on 29 December 2025 a bench led by Chief Justice Surya Kant placed that judgment in abeyance after public criticism, constituted a high-powered expert committee, and directed that the Forest Survey of India's broader criteria apply in the interim.

7.3 Natural Conservation Zone and Aravalli environmental issues

The Natural Conservation Zone (NCZ) is a land-use category in the NCR Regional Plan for environmentally sensitive areas such as the Aravallis, forests, rivers and water bodies, where construction is restricted to a very small proportion of the area (0.5 per cent) and only for regional recreation and similar uses. Haryana's delineation of the NCZ through ground-truthing has been controversial, with allegations that large Aravalli areas were excluded. The draft Regional Plan 2041 proposed replacing NCZ with a weaker 'Natural Zone', but after strong public objection the NCR Planning Board decided to retain the NCZ. Other issues include the Mangar Bani sacred grove, the proposed Aravalli Green Wall afforestation project, and the conversion of Aravalli land to real estate.

8. Wetlands, Water Bodies and Forests in Haryana

8.1 Wetlands and water bodies in Haryana

Haryana's two Ramsar sites are Sultanpur National Park (Gurugram) and Bhindawas Wildlife Sanctuary (Jhajjar), both designated in 2021 and important for migratory birds. Other wetlands include the Najafgarh jheel (shared with Delhi), Khaparwas, Damdama lake and Badkhal lake (Faridabad), which has dried up and is the subject of restoration efforts. Thousands of village ponds are managed by the Haryana Pond and Waste Water Management Authority, and the Supreme Court's decision in Jagpal Singh v. State of Punjab (2011), which arose from Punjab and applies equally to Haryana's village commons, requires eviction of encroachers from ponds and common lands. The Wetlands Rules, 2017 require the Haryana State Wetlands Authority to list and notify wetlands.

8.2 Forest conservation in Haryana

Haryana has the lowest forest cover of the major States: recorded forest area is about 3.5 per cent of the geographical area, and forest and tree cover together less than seven per cent, far below the national goal of thirty-three per cent. Much of the State's 'forest' consists of PLPA-notified land, strip plantations along roads, canals and railways, and the Shivalik and Aravalli hills. Forest diversion requires approval under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, and after Narinder Singh (2022), PLPA-notified land is treated as forest for this purpose. The Haryana Forest Policy, 2006 aims to increase cover to twenty per cent. The State's CAMPA funds support afforestation, including in the Aravallis. The Supreme Court in T.N. Godavarman and the NGT have repeatedly addressed tree felling for highways and real estate in Haryana.

9. Haryana Environmental Litigation before the NGT

Haryana has generated a large volume of environmental litigation before the NGT and the Supreme Court:

• Bandhwari landfill (from 2019): Rs 100 crore compensation on the State (2022), bar on fresh dumping, continuing monitoring and penalties on municipal corporations;
• Aravalli mining and constructions: orders against illegal mining in Faridabad, Gurugram and Nuh, and against farmhouses and banquet halls on PLPA and forest land (leading to Narinder Singh, 2022);
• Yamuna and Ghaggar pollution: directions to Haryana (with Delhi and Punjab) to treat drains such as Drain No. 6 and Drain No. 8, set up STPs and CETPs, and levy compensation on polluting units;
• Stubble burning: the Vikrant Kumar Tongad order (2015) and continuing directions to Haryana and Punjab;
• Sand mining on the Yamuna: restraint of mining without EC and replenishment studies;
• Groundwater in Gurugram and Faridabad: directions against illegal borewells by builders and commercial users; and
• Solid and liquid waste gap: the NGT's national monitoring (Almitra Patel) has required Haryana to bridge gaps in sewage treatment and waste processing, with environmental compensation for failure.

10. Critical Appraisal

Haryana has an unusually rich set of State laws (PLPA, the Sub Soil Water Act, the HWRA and Pond Authority Acts) and has been the site of landmark judgments on the Aravallis. It has made measurable progress on stubble burning and industrial fuel switching under CAQM supervision. But its core environmental problems remain serious: severe groundwater depletion driven by paddy; persistent legacy waste and untreated sewage; rapid urbanisation eating into the Aravallis; very low forest cover; and pollution of the Yamuna. Its policies on the NCZ and Aravalli definitions have repeatedly been questioned for favouring development. Effective implementation of existing laws, crop diversification, protection of the Aravallis as a continuous ecological unit, and strengthening of the HSPCB are the priorities.

11. Related Topics and Provisions