Order of the National Green Tribunal regarding identification and demarcation of flood plain zone of river Yamuna and Hindon for Gautam Budh Nagar and Ghaziabad, Uttar Pradesh, 16/01/2024
Order of the National Green Tribunal in the matter of Mahesh Kumar Vs State of Uttar Pradesh dated 16/01/2024.
The issue involved in Original Application is in respect of unauthorized constructions over the flood plain zone of Yamuna and Hindon river in village Lakhnawali, Greater Noida, Gautam Budh Nagar Uttar Pradesh.
The NGT, July 27, 2023 had directed the District Magistrate, Greater Noida/Gautam Budha Nagar to ensure identification and demarcation of flood plain zone of river Yamuna and Hindon and submit a report within two months.
The report by District Magistrate, Gautam Budh Nagar, October 31, 2023 was found to be unsatisfactory by the tribunal as the exercise of demarcation of flood plain zone of rivers Yamuna and Hindon was not carried out.
When the matter was taken up on November 2, 2023, the counsel for the state of Uttar Pradesh submitted that exercise of demarcation of flood plain zone for concerned districts will be completed within a period of two months.
However, the status report, January 9, 2024 filed by the District Magistrate, Gautam Budh Nagar stated that National Institute of Hydrology, Roorkee was contacted to determine the submergence area of Hindon and Yamuna river. NIH has informed that for carrying out a study for Yamuna in Gautam Budh Nagar, six month's time will be required and for Hindon river, nine months' time.
The bench of Justice Sudhir Agarwal observed that for the purpose of demarcation of flood plain zone under River Ganga (Rejuvenation, Protection and Management) Authorities Order, 2016, responsibility lies at district level with District Magistrate who is in-charge of District Ganga Committee. Further, the court relying on earlier statement given by Counsel for UP where it was shown that demarcation will be completed within two months, had granted the requisite time.
Under these circumstances, the NGT, January 16 directed the District Magistrates of Gautam Budh Nagar and Ghaziabad to appear in person before the tribunal on the next date of hearing, January 29.