NGT orders immediate halt on illegal constructions in Noida, Greater Noida

The National Green Tribunal (NGT) has ordered the immediate stoppage of all ongoing illegal and unauthorised constructions in Noida and Greater Noida that are being carried out without mandatory environmental clearances.

The order, issued on December 9, came in response to a petition filed by Bharatiya Janata Party leader and former municipal councillor Rajendra Tyagi, who, in March 2024, apprised the tribunal that rampant illegal constructions are taking place in Noida and Greater Noida. He sought legal action against the unauthorised constructions and developers involved.

The petitioner had highlighted rampant violations of environmental laws in 56 villages of Greater Noida and 18 villages of Noida.

Finding merit in the petition, the tribunal has now directed the state authorities and the Uttar Pradesh Pollution Control Board to ensure that no project requiring environmental clearances is allowed to proceed without compliance until the next date of hearing on March 27, 2025.

“Over 20,000 hectares of fertile farmland in Greater Noida and a similar area in Noida have been usurped for illegal plotting and construction,” the petition said. These developments, the petition argued, violated the Air Act and Water Act and lack clearances for groundwater extraction from the district ground water management council.

Extensive unauthorised developments, including villas, townships, colonies, and commercial projects, are being constructed without obtaining required approvals such as consent to establish (CTE), consent to operate (CTO), environmental clearances (EC), or land-use conversions, the petition alleged.

An NGT bench comprising chairperson, Justice Prakash Shrivastava, judicial member justice Sudhir Agarwal and expert member Dr A Senthil Vel, said, “Since, it has been submitted that large-scale illegal construction without following environmental norms is in process, therefore, we direct that till the next date of hearing, concerned authorities of the state and Pollution Control Board will ensure that a project requiring EC/CTE/CTO but not having the clearances are not permitted to proceed with the construction illegally till it complies with all requisite environmental norms and clearances.”

The bench further said, “The pollution control board is also required to prevent illegal plotting in the area falling in floodplain zones in these villages.” The matter will next be heard on March 27, 2025.

Advocate Akash Vashishtha, representing Tyagi, emphasised the scale of illegal activities: “Almost the whole of Greater Noida has been taken over by unauthorised constructions. Borewells are being dug without mandatory approval, and power connections are being facilitated by the discom to illegal colonies,” he said.

“We have been cracking down on offenders operating without the necessary clearances. Five such projects were identified, and while one obtained the consent to establish (CTE) later, the others faced strict action. A detailed report on the matter has also been submitted in Lucknow,” said DK Gupta, regional officer, UPPCB, Greater Noida.

The tribunal had issued instructions to Gautam Budh Nagar district magistrate to serve fresh notices to two private developers in January 2024 who are under scrutiny for their involvement in unauthorised constructions. These developers had previously failed to respond to the NGT’s queries, leading the tribunal to demand a report on their actions.

Subsequently, NGT made Noida authority a party to the case, asserting that its involvement is crucial to reaching a “just and proper decision on the environmental questions” raised in the petition.

In July 2024, UPPCB Noida and Greater Noida submitted before the NGT that 47 villages of Greater Noida were found to have unauthorised constructions in the form of shops, residences, etc. In Noida, areas in Shahdara near Sector 141, Garhi Chowkhandi near Sector 121 and Behlolpur near Sector 65, which falls in the floodplain zone, were reeling under encroachments.