The National Green Tribunal (NGT) has issued notice to Uttar Pradesh for ‘illegal’ construction of Haj House on the floodplains of the Hindon river. The Haj House is proposed to be inaugurated by UP Chief Minister Akhilesh Yadav on September 5.
The NGT has fixed the hearing of September 25. On the petition filed by the Society for Protection of Environment and Biodiversity (SPEnBIO), the green tribunal has asked to file reply on the next hearing on September 25.
Earlier, convener of SPEnBIO Aakash Vashishtha has submitted that Uttar Pradesh State Haj Committee has constructed and proposed an expansion of a Haj House on 4.535 acre of land, some part of which falls in river Hindon and some parts are flood plain of river Hindon in Village Arthala in Ghaziabad, Uttar Pradesh.
It stated that the Irrigation Department of Uttar Pradesh, dated December 1, 2004 prepared a report with respect to making available land for construction of ‘Haj House’. This letter illegally stated the land in question as a land of irrigation department whereas revenue record for the same shows to contrary as ‘Hindon River’.
It is also pertinent to note that the land for which NOC was granted was river land as per the revenue record. “That the Chief Secretary of the State has issued a direction dated March 16, 2010 to all the authorities, including police to ensure that no construction whatsoever is raised on the flood plain zone but the construction continued stated the petitioner,” the letter stated.
The petitioner submitted that the State has violated the Chief Secretary’s directions by allowing such a huge construction to come up not only on the river bank but also on land recorded as river land by the Revenue records. It is submitted that in compliance of this court’s ‘s order not to carry out construction activities the Principal Secretary, Environment submitted a status report on November 26, 2015.
It was submitted that no action has been taken till date and the State Government has allowed the construction of Haj House on the riverland and on the floodplain to continue.
“Because the said construction is in complete violation of the directions of the Chief Secretary of State of Uttar Pradesh vide letter dated 16.3.2010 to all the authorities including police to ensure that no construction whatsoever is raised on the flood plain zone,” it added.
The petitioner request the court to direct for demolition of the Haj House, being constructed on Khasra No. 1402, 1403 and 1399 which is part of Hindon River and its floodplain and direct to pay damages and compensation under Polluter Pays principle for damaging and polluting the River hindon as well as the floodplain.