by THO
The National Green Tribunal (NGT) has issued notices to the Centre, Uttar Pradesh government, and local government bodies over the alleged “large-scale unauthorised constructions” that have come up in the twin cities of Noida and Greater Noida, and sought responses in two months.
The tribunal was hearing a petition filed by Ghaziabad resident and five-time municipal councillor Rajendra Tyagi, who alleged that illegal constructions of colonies, villas, townships, shops and houses are rampant in the two cities.
The tribunal on April 2 sought a response from the Centre, state and local government bodies within two months as to how these constructions came up on such a large scale, without adhering to the guidelines and getting layouts approved.
Tyagi filed a petition in the NGT in March 2024, wherein he apprised the tribunal about the rampant illegal constructions happening in Noida and Greater Noida in Gautam Budh Nagar district. He sought legal action against the unauthorised constructions and developers involved.
“None of the builders has acquired a no objection certificate (NOC) from the district groundwater management council, and neither did get their borewells registered. None has their layout plans approved by authorities, no land use conversion has been done while none is in conformity with the area land-use under the Greater Noida master plan,” read the petition.
It said no person or builder has secured necessary, legal declarations from the district administration for using or proposing to use the agricultural land for residential, commercial or industrial purposes.
“Over 20,000 hectares of fertile arable farmlands in Greater Noida have been usurped while over 20,000 hectare land is being used for illegal plotting in Noida,” the petition said.
Among the affected villages of Greater Noida are Dhoom Manikpur, Khairpur Gurjar, Milak Lacchi, Patwadi, Roja Yakubpur, Haibatpur, Shahberi, Khera Chaughanpur. In Noida, the illegal constructions have come up in Sorkha, Salarpur, Sultanpur, Raipur, Sarfabad, Garhi Chowkhandi, Gejha, Naya Gaon, Shahdara, Kondli, among others places, the petition said.
Tyagi, the petitioner, on Thursday said he opted to approach the NGT after getting no response to his RTI (right to information) pleas regarding illegal constructions.
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He said the two cities have been reeling under illegal occupation and constructions for a long time.
“The colonies, commercial establishments, shops, etc., are being built without adhering to guidelines. These illegal establishments should be razed and legal action must be initiated against culprits,” Tyagi said.
As Tyagi moved the NGT, a response was submitted by UP Pollution Control Board (UPPCB) stating no information regarding the developers/developments were found in its official records.
Advocate Akash Vashishtha, representing Tyagi, said before the tribunal that 56 urban villages of Greater Noida and 18 urban villages of Noida were illegally occupied by rampant unauthorised constructions of colonies and townships, in complete contravention of the provisions of Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974.
“Most of the villages have been converted into slums on account of unauthorised, illegal townships and colonies, most of which are being developed by ‘fly-by-night’ builders and persons. None of the establishments abide by laws, including UP Revenue Code, 2006 and UP Industrial Area Development Act, 1976. The power discom is providing power connections to the errant developers and bringing them under the power distribution network,” said Vashishtha.
Hearing the petition on April 2, an NGT bench comprising chairperson justice Prakash Shrivastava and expert member A Senthil Vel, said the counsel appearing for petitioner has referred to the response given by UPPCB disclosing that no information is available in respect of these developers/developments.
“He has also referred to photographs which are enclosed and submitted that these are all illegal constructions without requisite permission under the environmental laws,” the bench said.
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“The original application raises substantial issue relating to compliance of the environmental norms. Issue notice to the respondents. Applicant is directed to serve the respondents and file affidavit of service at least one week prior to the next date of hearing,” the NGT said.
The case will next be heard on July 8, 2024.
