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Order of the National Green Tribunal regarding unauthorized and illegal construction of houses, shops and other commercial establishments in Noida and Greater Noida, Uttar Pradesh, 02/04/2024

  • 02/04/2024

Order of the National Green Tribunal in the matter of Rajendra Tyagi Vs Union of India & Others dated 02/04/2024.

The applicant has raised a grievance that unauthorized and illegal construction of houses, shops and other commercial establishments on a large scale are in progress in Greater Noida and Noida in violation of environmental norms. Since many of these illegal construction is being done with top soil, the act is causing large scale illegal mining of top soil in and around the villages, resulting in deep, catastrophic pits which is giving rise to a vicious cycle.

It is the allegation of the applicant that these constructions are being done without obtaining mandatory Consent to Establish and Operate under Section 25 of the Water (Prevention and Control of Pollution) Act, 1974 from the Uttar Pradesh Pollution Control Board (UPPCB). It is also alleged that these illegal constructions/colonies are being developed without having any sewerage network in place and without having Consent to Establish and Operate under the Air (Prevention and Control of Pollution) Act, 1981 and without NOC to draw water from tubewells.

The counsel appearing for the applicant referred to the response given by the Uttar Pradesh Pollution Control Board (UPPCB) disclosing that no information as per office record is available in respect of these developers/developments. The NGT said that the matter raised substantial issue relating to compliance of the environmental norms and directed notices to be issued to the respondents. The respondents have been directed to file an "affidavit of service" at least one week before the next date of hearing, July 8, 2024.