Illegal constructions: NGT seeks UP Govt, Yeida, pollution board’s response

The National Green Tribunal (NGT) has directed the Uttar Pradesh government, Yamuna Expressway Industrial Development Authority (Yeida), and the Central Pollution Control Board (CPCB) to respond to an ongoing case related to illegal constructions in Greater Noida and Noida.

The case, heard on September 27, pertains to a petition filed by Rajendra Tyagi, a Ghaziabad resident and five-time municipal councillor, in March 2024, apprising the tribunal about rampant illegal construction in Noida and Greater Noida. He sought legal measures against the unauthorised developers.

The NGT has now instructed Manish Kumar Verma, district magistrate, Gautam Budh Nagar, to serve fresh notices to two private developers under scrutiny for their involvement in the alleged illegal constructions.

To be sure, these developers had previously failed to respond to the NGT’s queries, leading the tribunal to now demand a report from the DM in three weeks.

An NGT bench, comprising justice Arun Kumar Tyagi and expert member Dr A Senthil Vel, said, “Notice be issued again to UP government, Yeida and CPCB requiring them to file their reply/response at least one week before the next date of hearing fixed and their representation before this tribunal on the next date of hearing.”

“Notices be issued again to respondents (developers) and be served on them through DM, Gautam Budh Nagar… and to send his report within three weeks,” the bench added.

The NGT also included the Noida authority as a party to the case, asserting that its involvement is crucial to reach a “just and proper decision”.

“A massive collusion is at play between the Greater Noida and Noida authorities, local police, the UP Pollution Control Board (UPPCB), and private developers. This collusion is enabling illegal colonisation, disregarding critical environmental laws like the Water and Air Acts, the Ground Water Regulation Act, and provisions of the Uttar Pradesh Revenue Code, 2006,” argued advocate Akash Vashishtha, counsel for the applicant, adding: “The Supreme Court orders and directions are persistently contravened, leading to a very serious situation.”

In April 2024, advocate Vashishtha had apprised the NGT that 56 urban villages of Greater Noida and 18 urban villages of Noida were illegally occupied by rampant unauthorised constructions of colonies and townships.

Subsequently, the UPPCB Noida and Greater Noida had submitted before the NGT that 47 villages of Greater Noida that they inspected, were found with unauthorised constructions in the form of shops, residences, etc, three-four storied builder floors were found.

In Noida, areas in Shahdara near Sector 141, Garhi Chowkhandi near Sector 121 and Behlolpur near Sector 65, which falls in floodplain zone, were reeling under encroachments, they told the tribunal.

The case will now be heard in the NGT on December 9, 2024