Himanshu Kapoor vs State of U.P. & Ors

This original application has been registered under Section 14& 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) being aggrieved by alleged encroachment and illegal construction at Khasra No. 33, Village Shabad alias Mithepur, District Ghaziabad which is said to be a flood plain zone of River Hindon but with the connivance and collusion of officials of Revenue Department and Development Authority, illegal encroachment and constructions have been raised and even illegal colonies have been developed.

It is said that River Hindon is a tributary of River Yamuna which in turn is main tributary of River Ganga. There are serious invasions on river flood plain as well as on the actual river land in Ghaziabad city as consequence of illegal and unauthorized urban concretization and alleged development.

The applicant also made a complaint in this regard to District Magistrate, Ghaziabad who got an enquiry conducted through Additional District Magistrate, Ghaziabad and report has been filed as Annexure A-3 (page 24) which concludes that substantial part of river land and flood plain zone have been occupied illegally and unauthorized constructions have been raised by large number of persons, list whereof has also been given in the said report. It is said that due to above illegal encroachment and constructions, ecology of river has been disturbed and environment has been damaged which require interference of this Tribunal.

In our view, a substantial question relating to environment arising due to implementation of scheduled enactments under NGT Act, 2010 has arisen and the matter requires consideration.

However, before taking any further action in the matter, we find it appropriate to obtain a factual report for which we purpose we constitute a joint committing comprising District Magistrate, Ghaziabad, State PCB , GDA and Irrigation Department, U.P who shall visit the sites, collect relevant information inter alia covering nature and extent of encroachments and with reference to demarcate flood plain zone of the river and submit a factual report as also action taken, if any within two months from today by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The report may also indicate an environmental damages to flood plain zone and the river by disposal of sewage and solid waste by such encroachments.

District Magistrate, Ghaziabad shall also ensure that no further encroachment or illegal construction takes place in flood plain zone of River Hindon in District Ghaziabad.

List the matter on 28.03.2023.

A copy of this order be forwarded to District Magistrate, Ghaziabad, State PCB and Irrigation Department, U.P by email for compliance.

I.A. No. 08/2023

In view of the order passed above in the main O.A, I.A. No. 08/2023 shall stand disposed of.