Supreme Law News

NGT notice to large-scale illegal construction in Noida, Greater Noida

A coram of expert member Dr. A Senthil Vel and chairperson Justice Prakash Shrivastava noted that a significant issue about adherence to environmental standards was brought up and as a result, a notice was issued.

On Tuesday, the National Green Tribunal (NGT) sent notices to builders, the Uttar Pradesh government, the Central government, and a number of other public agencies on a complaint alleging extensive illegal building in Noida and Greater Noida. [Union of India v. Rajendra Tyagi and Ors]

A coram consisting of expert member Dr. A Senthil Vel and chairperson Justice Prakash Shrivastava said that a significant issue with adherence to environmental standards was brought up and as a result, a notice was issued.

The Court was considering an initial complaint that claimed that residences, stores, and other commercial facilities in Noida and Greater Noida were being built without permission and in violation of environmental regulations.

The petitioner emphasized that because top soil was being used in many of these building projects, there was widespread, illicit top soil mining occurring, which led to the formation of deep, disastrous holes.

He claimed that the Uttar Pradesh Pollution Control Board (UPPCB) was not consulted in the process of establishing and operating these constructions, as required by Section 25 of the Water (Prevention and Control of Pollution) Act, 1974.

The applicant further claimed that these illegal constructions are being developed without permission to establish and operate under the Air (Prevention and Control of Pollution) Act, 1981, without a No Objection Certificate (NOC) to draw water from tubewells, and without a sewerage network in place.

Attorney Akash Vashishtha provided the Tribunal with the locations of the construction sites and stated that, in accordance with the UPPCB, office records had no information about the developers or the developments.

Accordingly, the Tribunal issued notices to:

Union of India

Ministry of Housing and Urban Affairs

Yamuna Expressway Industrial Development Authority (YEIDA)

District Magistrate Gautam Budh Nagar Collectorate Surajpur

M/s Ghaziabad Developers & Builders

State of Uttar Pradesh

Central Pollution Control Board

Noida Power Company Ltd. (NPCL)

Bhagwati Developers

Greater Noida Industrial Development Authority

Uttar Pradesh Pollution Control Board

District Ground Water Management Council

Gautam Budh Nagar Sahara Enclave

The matter will be taken up for further hearing on July 8.

JUDGEMENT

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