Judgement of the National Green Tribunal regarding illegal digging of land for construction purposes, Gautam Budh Nagar, Uttar Pradesh, 29/02/2016

  • 29/02/2016

Judgement of the National Green Tribunal in the matter of MukeshYadav Vs State of Uttar Pradesh & Others dated 29/02/2016 regarding illegal digging of the land area up to 40 feet deep for the purpose of construction near village Bishrakh, Gautam Budh Nagar, Uttar Pradesh. The Case of the Applicant is that the Capital Athena Builders, which is a construction company, while building residential apartments on plot no GH – 12A – 2, Sector 1 Greater NOIDA West, adjacent to village Bishrakh in the District Gautam Budh Nagar, have started digging soil up to a depth of 40 ft which is causing water to ooze out from the construction site and the same is being pumped out and thrown away in the Hindon river. As a consequence thereof, handpumps and the lands in the neighbouring village and other adjacent areas have dried up and this is adversely affecting agriculture and is creating a famine like situation in the villages.

NGT said the "Project Proponents have failed to take effective steps for the recharge of ground water on account of the defective design and lack of maintenance of the Rain Water Harvesting pits. In view of these findings, we hold that the Project Proponents have not observed complete and comprehensive compliance to the conditions imposed in EC and have violated the Conditions of EC".