NGT holds no environmental violation where green area intact despite alleged plot carving from institutional land; directs pollution board to enforce consents for unauthorized commercial operations lacking STP.

ORDER

1. Applicant, Sach Sewa Samiti Trust through President, Yatender Kumar Bhati (hereinafter referred to as ‘applicant’) had filed this original application under Section 14 and 15 of National Green Tribunal, Act 2010 (hereinafter referred to as ‘NGT Act, 2010’) alleging that Greater NOIDA Authority through Chief Executive Officer (hereinafter referred to as ‘respondent4’) has developed Knowledge Park-I, which is an educational region in Southern Western Greater Noida. Object of establishing Knowledge Park-I was to establish various universities and colleges in the vicinity. Knowledge Park-I was developed after acquiring land of village Tugalpur of Haldona, District Gautambudh Nagar, Uttar Pradesh. A layout plan of Knowledge Park-I was prepared wherein institutional areas and residential areas have been duly earmarked and notified separately. As per layout plan, which is based on Master Plan notification there was a green area/belt admeasuring 10,500 square meters falling in between Plot No. 12 and 22, left for maintaining ecology and environment. Copy of proposed Layout Plan of Knowledge Park-1 has been placed on record as Annexure A-2, page 36. Respondent 4 granted a license of 10,500 square meter green area to one Viren Singh, S/o Nawab Singh for plantation, nursery, floriculture, etc., for a period of 20 years vide license agreement dated 27.05.2003. This shows that land was actually left for making area green and license was granted to adhere to the said objective. Further, there is a High Tension wire of 1,10,000 watt passing through ‘green area’. Area under High Tension line was also to be kept vacant. One Rajendra Singh son, of Mehtab Singh i.e. respondent 7 had encroached upon a piece of land measuring 1000 square metres approximately on ‘green belt’ situated between Plot No. 12 and 22 of Knowledge Park-I, Greater NOIDA.

2. Applicant when got knowledge of this encroachment, made complaint, sent several interrogatories to Authorities to find out real fact and therefrom came to know that respondent 7 made a representation on behalf of Ms. Shwetna and Madhu Singh i.e. respondents 8 and 9 to officials of respondent 4 stating that two pieces of land i.e. Plot No. 10 and 12, area 1710 sq. mtr and 1630 sq. mtr were allotted in Village Tusiyana in lieu of acquisition of land in furtherance of allotment of 6% land to affected farmers. Respondent 7 however requested Authorities to allot land in place of Village Tusiyana to Tugalpur Haldona. Pursuant to said request, respondent 4 carved out Plot No. A-1 out of green belt from Knowledge Park-I, in active connivance with respondent 7. Vide letter dated 10.11.2024 respondents 8 and 9 were informed that respondent 4 had allotted Plot No. A-I of Village Tugalpur Haldona, area 870 sq. mtr, and for remaining area, respondent 4 would consider in future. Respondent 8 and 9 were also informed that their allotment of land at Village Tusiyana stands cancelled with immediate effect. Subsequently, vide letter dated 27.11.2024, respondent 4 informed respondents 8 and 9 that area of Plot No. A-1 has reduced from 870 sq. mtr to 691 sq. mtr which ultimately resulted in reduction in amount demanded from respondent 8 and 9. Lease deed 27.11.2024 was executed in respect of Plot No. A-I, Village Tugalpur Haldona, area 691 sq. mtr in favor of respondent 8 and 9 which shows that officials of respondent 4 and 7 have worked an