National Green Tribunal Grants Extension for Rajendra Nagar Park Encroachment Rehabilitation
The National Green Tribunal (NGT) has provided additional time to the Uttar Pradesh government to develop a comprehensive rehabilitation scheme for addressing the significant encroachment on a public park in Rajendra Nagar Industrial Colony, located in Sahibabad, Ghaziabad. This decision follows a series of legal challenges and ongoing efforts to resolve the complex issue of illegal occupation on environmentally sensitive land.
Formation of High-Powered Committee and Legal Proceedings
A high-powered committee has been established under the leadership of the Ghaziabad District Magistrate to formulate a detailed rehabilitation plan aimed at removing the encroachments from the park. The NGT's principal bench, which includes Chairperson Justice Prakash Srivastava and Expert Member Afroz Ahmad, approved the application for more time during a recent hearing, setting May 28 as the next date for proceedings. This extension marks the third instance where the state counsel has successfully requested additional time, with previous approvals granted on August 29 and November 27 of the previous year.
The legal battle over the park began when Sushil Raghav filed an application against the state government on November 22, 2023. Raghav raised serious concerns that the municipal corporation was not only encroaching upon the park but also constructing a pathway and a drain on the designated land, effectively reducing the park's area by shifting its boundaries. During the hearings, it was revealed that a substantial portion of the park land had been illegally occupied by locals, leading to the construction of Babu Jagjivan Ram Colony on the plot.
State Government's Response and Legal Hurdles
In an affidavit dated August 27, 2025, filed by the Special Secretary of the Urban Development Department, the state government informed the tribunal that eviction notices had been issued to the encroachers. However, these actions were challenged through a writ petition in the Allahabad High Court. The High Court initially directed the parties to maintain a status quo on July 14, a decision that was reaffirmed by an order on July 31, effectively halting eviction proceedings temporarily.
During the August 29 hearing, the state counsel highlighted a critical legal provision under Section 26A(4) of the Uttar Pradesh Urban and Planning Development Act, 1973. This section mandates that alternative land or accommodation must be provided to members of weaker sections who have encroached upon public land before their removal. The counsel emphasized the need to determine whether such encroachments, which adversely affect the environment, should be permitted or if lawful steps for removal are necessary, prompting the request for more time to finalize the state's decision.
Extent of Encroachment and Environmental Impact
A joint committee formed by the NGT conducted a thorough assessment of the park and reported that the encroachment-free area measures 10,880 square meters. In stark contrast, Babu Jagjivan Ram Colony has been constructed on 7,120 square meters of the park land, indicating a significant loss of green space. This encroachment not only violates urban planning regulations but also poses a threat to the local environment and community well-being.
The case involves 172 illegal occupants who have built small houses on the park, with some of them seeking relief from the High Court against eviction proceedings. The ongoing legal and administrative efforts underscore the challenges in balancing environmental protection with the rehabilitation needs of vulnerable populations. The formation of the high-powered committee and the NGT's extended deadline reflect a concerted effort to address these issues through a structured and lawful approach, aiming to restore the park while ensuring fair treatment for the encroachers.
