Illegal constructions: NGT seeks response from UP, Yeida and pollution authorities

The case, which was heard on September 27, relates to a petition filed in March 2024 by Rajendra Tyagi, a resident of Ghaziabad and five-time municipal councilor, who had approached the tribunal over the rampant illegal construction in Noida and Greater Noida. He requested legal action against unauthorized creators.

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

Of course, these developers had not responded to the NGT’s queries earlier, leading the tribunal to seek a report from the DM within three weeks.

The NGT bench, comprising Justice Arun Kumar Tyagi and expert member Dr A Senthil Vel, said, “Notice will be re-issued to the UP government, Yeida and CPCB requiring them to file their reply/reply at least a week before the scheduled next hearing date and their representation before this tribunal on the next hearing date.”

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

The NGT also named the Noida authority as a party in the case, saying its involvement was crucial to reach a “fair and proper decision”.

“There is massive collusion going on between the Greater Noida and Noida authorities, local police, UP Pollution Control Board (UPPCB) and private developers. This collusion enables illegal colonization in disregard of key environmental laws such as the Water and Air Act, the Ground Water Regulation Act and the provisions of the Uttar Pradesh Revenue Code, 2006.” – argued advocate Akash Vashishtha, the applicant’s counsel, adding: “This collusion enables illegal colonization. The orders and directions of the Supreme Court are constantly being violated, leading to a very serious situation.”

In April 2024, Advocate Vashishtha informed the NGT that 56 urban villages of Greater Noida and 18 urban villages of Noida were illegally occupied due to rampant unauthorized construction of colonies and townships.

Subsequently, UPPCB Noida and Greater Noida submitted before the NGT that illegal constructions in the form of shops, residences etc. were found in the 47 villages of Greater Noida in 47 villages of Greater Noida they inspected, three-four-story structures were found.

In Noida, areas in Shahdara near Sector 141, Garhi Chowkhandi near Sector 121 and Behlolpur near Sector 65, which are in the flood zone, are falling victim to encroachments, they told the tribunal.

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