NGT gives last chance to builders to reply in groundwater extraction case

GREATER NOIDA: The National Green Tribunal (NGT) has given a final chance to builders to file their respective responses in an ongoing case regarding the alleged illegal groundwater extraction by them in Greater Noida West.

The April 29 order, received by the petitioner on Wednesday (May 8), shows that various petitioners have been granted varying time limits to submit their responses.

Some of the builders had stated before the tribunal that the report could not be entered citing some “confusion” regarding the respondent number of the party they were representing.

The green panel, in the latest hearing, stated that a final opportunity was being granted to all respondents who haven’t yet filed their response in the matter.

The panel has been hearing the case since two petitioners Pradeep Dahaliya and Prasoon Pant of Greater Noida had moved the tribunal in May 2022.

“The extraction of groundwater illegally by builders is rampant in Greater Noida and these builders have been constantly seeking time from the NGT, delaying their responses in the matter. There are 63 builder projects in Greater Noida West that have been rampantly engaging in illegal groundwater extraction,” said Pradeep Dahaliya, environmental activist and petitioner in the case.

On April 29, the NGT bench comprising chairperson Justice Prakash Shrivastava and judicial member Justice Sudhir Agarwal said that some of the counsel for the respondents stated that they had some confusion about the respondent number of the party they were representing.

“Memo of parties has already been uploaded on the website, therefore, they can cross-check from it and file appropriate application for correction of the respondent number in their reply, if the need so arises, within a period of 10 days from today (April 29),” it said.

“Though last indulgence was granted on the previous date but considering the circumstances of the case, final opportunity of one week from today is granted to all the other respondents who have not filed their response till now,”, the bench stated.

Some of the counsel entered before the NGT that the notice was served at the closed site and the redirected notice was received “late”, causing delay in their response.

“Learned Counsel appearing for one of the respondents has submitted that since the notice of the original application was sent at the site which was already closed and handed over, therefore, redirected notice has been received only in the last week. Hence, reply could not be filed. In the circumstances, the respondent is permitted to file the response within two weeks,” the bench said.

To be sure, the NGT had previously heard the matter on March 20 and stated that “last chance” was being given, and it granted two-weeks to the builders/promoters after they had failed to file the response in the case.

During the previous meetings held in the case, the builders had alleged that “proper notices” were not issued to them by the departments concerning the illegal groundwater extraction.

The NGT had then ordered to serve proper notices to all the respondents to enable them to file their responses within two weeks.

The matter is now posted on July 15, 2024 by the NGT for further proceedings.

To be sure, after the petitioners had moved the NGT, a joint committee comprising district administration officials, the UP Pollution Control Board, and the Central Ground Water Authority (CGWA) was set up by the NGT which had conducted inspections.

As many as 33 group housing societies were found to be allegedly extracting groundwater illegally, in 2023. An environmental compensation of ₹306 crore was also levied by the committee on the errant developers.