E-Paper
NGT orders demolition of ‘illegal’ structures over Sahibabad drain in Ghaziabad
The National Green Tribunal (NGT) has declared all the constructions and other such structures on the bed and 12m buffer zone from the edge of Sahibabad drain in Ghaziabad ‘illegal’ and issued directions for their demolition, irrespective of the permissions granted earlier by the Ghaziabad municipal corporation
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The National Green Tribunal (NGT) has declared all the constructions and other such structures on the bed and 12m buffer zone from the edge of Sahibabad drain in Ghaziabad ‘illegal’ and issued directions for their demolition, irrespective of the permissions granted earlier by the Ghaziabad municipal corporation.
The NGT order assumes significance as it is likely to affect over two dozen major companies, hotels, restaurants, developers’ sites, showrooms and other such establishments, which are not just located adjacent to the drain but have made encroachments over the drain, which is estimated to have an average width of about 40-50 ft near Sahibabad Site IV industrial area and discharge of about 127 million litres per day.
“All constructions/encroachments in the bed and 12-meter buffer zone from the edge of Sahibabad Drain No. 1 in Ghaziabad and all its coverings are per se illegal and are liable to be demolished, irrespective of any permission by the Nagar Nigam. The drain is liable to be restored and allowed to flow without obstruction and pollution which will be the responsibility of the Nagar Nigam with oversight of higher authorities and regulators,” said the tribunal in its order dated May 13.
A petition for removal of encroachments and constructions over the drain was filed by city-based activist Haji Arif in 2014. The major encroachments are adjacent to the Link Road connecting Mohan Nagar with Kaushambi.
“The original petition was for removal of encroachments and construction over the drain but it came to light that pillars were constructed inside the drain. Many establishments have also constructed parking and even encroached upon land for different uses. The permission for allowing constructions over the drain was given by the municipal corporation. The establishments will be badly hit if the demolition is carried out as per the NGT’s orders,” said Arif.
The tribunal also issued more directions as an alternative to the demolition activity. “Demolition of above illegal constructions may be carried out unless viable and acceptable alternative to restore environment and drain by a suitable sewer line enabling free flow and unpolluted storm water open drain is worked out up to October 1, 2022,” said the tribunal.
It further added “In case of representation in terms of direction (ii), a joint committee headed by the member secretary, NCR planning board, ministry of urban development, GoI, with nominee of secretary, MoJS (ministry of Jal Shakti), GoI, additional chief secretary, urban development, UP, commissioner, Ghaziabad Nagar Nigam, district magistrate, Ghaziabad, and UPPCB as members may consider the matter and give its report to the tribunal.”
The natural drain originates from Loni and then moves to Sahibabad and meets the Ghazipur drain in Delhi. From here, it further goes to Chilla sewage treatment plant in Noida and finally culminates into Yamuna river.
“Despite directions by the tribunal in October 2016, the encroachments were not removed. So, I moved into contempt and even the affected parties moved the Supreme Court (SC). The SC referred the matter back to the tribunal in October, 2021. Now, the NGT has issued its final verdict and we seek strict compliance. If the corporation fails to comply, we will again move court,” said Arif.
Municipal commissioner Mahendra Singh Tanwar said he is not in knowledge if permission for structures over the drain were previously issued by the corporation. “If any permission was granted, the order of the tribunal has made it null and void.We are considering all the directions issued by the NGT and if any alternative method, as suggested by the tribunal, is to be used, we will go for a viable option. We will ensure we duly comply with the order,” he added.
Environmentalists said the encroachments should have never been allowed over the drain. “The corporation should get these illegal structures removed immediately and also levy a heavy cost. Further, the restoration of the area should also be taken up on priority for sustainable environment,” said Akash Vashishtha, a city-based environmentalist.
