UP Government Counters Flood Compensation Claims, Reveals Pre-Flood Eviction Notices
The Uttar Pradesh government has presented a detailed rebuttal before the National Green Tribunal (NGT), asserting that farmhouse owners seeking compensation for damages incurred during the devastating July 2023 Yamuna floods were actually encroachers who had been served eviction notices more than a year prior to the deluge. This significant revelation came during proceedings examining compensation claims filed by affected landowners in Gautam Budh Nagar district.
Floodplain Demarcation and Unauthorized Construction Details
Submitting comprehensive documentation of the Yamuna river's floodplain demarcation, state authorities clarified that the applicants—owners of farmhouses and agricultural fields along the river—had erected unauthorized structures on the prohibited floodplain despite explicit restrictions by the Noida Authority. Official notices warning against construction in the notified area were issued as early as June 8, 2022, according to the state government counsel addressing the tribunal's principal bench.
The compensation claim was originally submitted by Suman Chauhan, Manoj Singh, and Dinesh Kumar Tyagi, representing over fifty landowners allegedly impacted by the flood. These applicants approached the tribunal in 2023, seeking financial redress for damage to their residential properties and agricultural lands.
Conflicting Arguments: Natural Disaster vs. Human Negligence
The applicants contended that the flooding resulted not from natural causes but from human activities, including silt accumulation that narrowed the river channel, flawed flood regulation mechanisms, and failure to reinforce embankments separating the river from adjacent villages. They invoked the principle of "no-fault liability" and referenced previous tribunal rulings in comparable cases to support their compensation demand.
Conversely, all respondents—the Uttar Pradesh government, state irrigation department, Dedicated Freight Corridor Corporation of India Limited, Noida district magistrate, and Noida Authority—vigorously contested these claims. They maintained that the floods constituted a natural event exacerbated by extensive floodplain encroachment. Officials emphasized that those seeking compensation were themselves violating environmental regulations and land-use norms.
Official Floodplain Demarcation and Enforcement Actions
In a formal affidavit, the executive engineer of the irrigation and water resources department informed the tribunal that the Yamuna's floodplain had been officially demarcated and notified on December 21, 2024. This demarcation encompassed critical river stretches from Asgarpur to Etawah and Shahpur to Prayagraj, utilizing a 100-year flood return period and one-meter contour data for accuracy.
The Central Water Commission supplied geographical coordinates for the floodplain traversing Noida, which were subsequently verified through ground surveys. Demarcation pillars were then installed to physically mark floodplain boundaries, with photographic evidence submitted to the tribunal.
Legal Proceedings and Regulatory Framework
Authorities' counsel disclosed that enforcement actions had been initiated against the applicants for constructing unauthorized farmhouses, prompting them to approach the high court. While applicants claimed they merely cultivated farmland with temporary structures, authorities described these constructions as illegal and permanent.
An affidavit filed by the Noida district magistrate on September 2 last year revealed that applicants had challenged a public notice issued by the Noida Authority on June 8, 2022. This notice explicitly stated that, under the UP Industrial Area Development Act, 1975, no construction is permitted in Noida's notified area without prior Authority approval.
The notice further clarified that no other department possessed authority to grant construction permissions in the notified area. "Despite repeated notices, warning boards, demolition drives, and official website communications, illegal construction instances continue rising. Consequently, the notice strictly prohibits any construction in the notified submerged area, warns that unauthorized structures will be demolished at violators' expense (recoverable as land revenue), and indicates legal action will be pursued against encroachers," explained the counsel, noting that applicants moved the high court specifically against this notice.
