National Green Tribunal Intervenes to Protect Ghaziabad Lake from Illegal Development
The National Green Tribunal (NGT) has issued a decisive order to the Ghaziabad district administration, mandating the immediate removal of encroachments on a waterbody in Pasunda village, Loni. This action follows the tribunal's confirmation that a portion of land, officially recorded as a lake in revenue records, has been unlawfully converted into a residential colony by a private developer.
Petition Reveals Illegal Conversion of Waterbody
The case was brought to light by the NGO Society for Voice of Human Rights and Justice, which filed a petition alleging that a lake had been illegally transformed into a residential project. According to the petition, land under revenue survey numbers 1564 and 2476 was altered through land mutation processes to facilitate development by Mahalaxmi Land and Finance Company.
Specifically, survey number 1564, measuring approximately 0.961 hectares, was listed as a "jheel" or lake in official Bhulekh land records of Uttar Pradesh. Despite this clear designation, the land was permitted for residential use, raising serious environmental and legal concerns.
District Administration's Inadequate Reports Prompt Tribunal Action
Earlier, the NGT had issued notices to relevant authorities and directed the Ghaziabad district magistrate to investigate the land's nature and report on any construction activities on the waterbody. An initial report submitted in May 2024 failed to provide clear details, vaguely referencing a pending case in the Allahabad High Court without specifics.
Expressing dissatisfaction, the tribunal imposed a cost of Rs 25,000 on the district magistrate for non-compliance and required virtual appearance at subsequent hearings. A follow-up report later clarified that survey number 1564 is indeed recorded as a lake, while survey number 2476, measuring 0.076 hectares, falls within the boundary of Hindon Air Field, owned by the Indian Air Force.
NGT's Firm Stance on Environmental Protection
Based on these findings, the NGT observed that the records unequivocally establish survey number 1564 as an encroached waterbody. "The report reveals that Khasra No 1564 is a lake or waterbody which has been encroached," the tribunal stated, ordering prompt steps to clear the encroachment and ensure the lake's protection.
The tribunal also clarified that ongoing proceedings in the Allahabad High Court, which involve a writ petition concerning property ownership mutation, do not hinder its examination of environmental aspects. Since the land's status as a waterbody is a distinct environmental issue, the NGT affirmed there is no legal impediment to continuing its hearings.
Background of Fraudulent Land Entries and Legal Challenges
In related earlier proceedings, a sub-divisional officer discovered that entries favoring Mahalaxmi Land and Finance Company in revenue records were forged and ordered their deletion. This decision was contested in revenue proceedings and eventually reached the high court. However, the NGT emphasized that these matters pertain solely to ownership and mutation, separate from the environmental question at hand.
The case has been scheduled for further hearing on March 24, underscoring the tribunal's commitment to addressing environmental violations despite parallel legal disputes.
