Concretization Of Green Road-Sides In Noida: NGT Impleads CPCB, Directs Personal Appearance Of Environment Ministry Officers

The principal bench of National Green Tribunal (NGT) has impleaded Central Pollution Control Board in the matter pertaining to violation of environmental norms by concretization of green road-sides in Uttar Pradesh’s Noida and Greater Noida.

An application raising the issue of excessive concretisation of road-sides in the Noida was filed. The plea stated that the concretization leads to various ramifications on the environment including obstruction and prevention of ground water recharge, urban flooding, water logging, elimination of biodiversity, Heat Islands, multiplication of heat generated in the atmosphere.

Justice Arun Kumar Tyagi and Dr. Afroz Ahmed said, “In view of the nature of the substantial questions relating to environment involved in the present case, presence of Central Pollution Control Board (CPCB) is also considered to be necessary for just and proper adjudication of the questions involved in the case and accordingly CPCB are impleaded as respondents no. 12.”

The Tribunal further added that, “ personal appearance of the officers duly authorized by Secretary, MoEF & CC, Secretary, Ministry of Housing and Urban Affairs, (MoHUA) Member Secretary, CPCB, CEOs, GNIDA and NOIDA Authority and District Magistrate, Gautam Budh Nagar physically or through VC on the next date of hearing to be essential for producing the relevant record and assisting this Tribunal in just and proper adjudication of the questions involved in the case. Accordingly they are directed to remain present before this Tribunal on that date with the relevant record.”

The plea was filed in 2022 highlighting the reckless and indiscriminate concretization of road-sides and road-berms by the Noida Authority in Sectors 28, 37, 47 50, 55 and 62 of Noida and by Greater Noida Authority in Sectors Omega 1, Alpha and P3 of Greater Noida.

It was stated that the concretization is in flagrant violation of the orders of the Tribunal passed in 2016 Akash Vashishtha Vs. Union of India & Ors and other rulings.

In the present proceeding, the Tribunal noted that the applicant has relied on 2018 Government order of Uttar Pradesh in support of his submission that “only permeable perforated blocks/fly ash bricks straight over burnt bricks can be used for on the roads sides/footpath and interlocking tiles/brick on edge on footpath, granule subways/WMM.”

On the other hand, the respondents have relied on the UPPCB letter dated 17.02.2020 that pavement of the roads may be landscaped or covered with interlocking tiles, it added.

Considering the submissions, the Tribunal directed the Ministry of Environment, Forest and Climate Change (MoeEF & CC) and CPCB to file the reply to the allegations raised in the application, within 2 months.

While listing the matter for November 03, it directed the interim order on prohibition of concretization of such road-sides in excess of limit prescribed, to continue to operate till further orders to the contrary.

Appearance: Akash Vashishtha, Advocate for the applicant.

Kailash Chand Proxy Counsel for intervener applicants. in I.A No.42/2023, I.A. No. 43/2023, I.A. No. 44/2023 and I.A. No. 45/2023.

Title: Vikrant Tongad & Anr.v. State of Uttar Pradesh & Ors.