In a significant development before the National Green Tribunal (NGT), contradictory claims have emerged from two key authorities regarding alleged illegal groundwater extraction by real estate builders in Greater Noida. The Uttar Pradesh Pollution Control Board (UPPCB) and the Noida Authority have filed separate affidavits with conflicting information, creating confusion in a case that seeks action against developers for unauthorized water usage.
Conflicting Affidavits Create Legal Puzzle
The matter, scheduled for hearing on Tuesday, revolves around two affidavits that present mutually contradictory positions. The UPPCB, in its affidavit dated January 23, attached a letter from the Greater Noida Authority indicating a decision to impose penalties on 22 builders. These penalties were calculated at 1% of the project cost for each developer allegedly involved in groundwater extraction violations.
Noida Authority's Surprising Revelation
In stark contrast, the Noida Authority filed its affidavit just one day later on January 24, presenting a completely different narrative. According to this document, 13 out of the 22 builders in question had actually purchased 3.80 lakh KL of STP treated water from the authority between 2013 and 2023. This water, worth approximately Rs 19 lakh, was reportedly used for various construction projects undertaken by these developers.
The authority remained conspicuously silent about the remaining nine builders and their sources of water procurement. If the Noida Authority's claims are verified as accurate, these 13 project proponents may potentially avoid penalties despite the UPPCB's earlier position.
Background of the Legal Battle
The case originated from an original application (OA) filed by Prasoon Pant and Pradeep Kumar in 2022. The applicants sought action against 63 real estate construction companies allegedly involved in illegal extraction and use of groundwater for their construction projects in the Greater Noida region.
The NGT formed a joint committee to investigate the matter, which submitted its report on April 28 last year. The committee's findings revealed that out of 63 projects examined, 22 projects showed no evidence of groundwater usage. This discovery prompted the tribunal to seek confirmation from both UPPCB and the Greater Noida Industrial Development Authority (GNIDA) regarding the actual sources of water being utilized by these projects.
Procedural Developments and Current Status
On July 29, 2025, the tribunal impleaded Noida Authority in the case following a request from the applicants. Subsequent proceedings on October 30 revealed that only 10 out of the 22 project proponents had submitted responses regarding their water procurement practices. The tribunal then directed authorities to obtain responses from the remaining builders and verify their claims.
In its latest affidavit, the Noida Authority has provided a detailed list of 13 builders along with their 80 projects for which STP treated water was purchased between 2013 and 2023. Notably, GNIDA has maintained silence throughout these proceedings, adding another layer of complexity to the case.
The conflicting affidavits have created a legal conundrum that the NGT must now resolve. The tribunal faces the challenging task of reconciling these contradictory positions while ensuring proper adjudication of environmental violations. The upcoming hearing promises to be crucial in determining the actual facts of the case and establishing accountability for any groundwater extraction violations that may have occurred in the Greater Noida region.
