Illegal construction does not automatically fall under the jurisdiction of the National Green Tribunal unless it is specifically demonstrated that the construction violates environmental norms or mandates of the EIA Notification, 2006.

Item No. 02 Court No. 1

ORDER

1. In this Original Application (OA), the Applicant has alleged large scale illegal and unauthorised construction of colonies, farm houses, shops and other commercial establishments in various areas of Ghaziabad. The illegal constructions per se does not fall within the jurisdiction of the Tribunal unless it is demonstrated that the said construction is being carried out in violation of environmental norms.

2. Learned counsel for the Applicant has argued that the private Respondents are raising the construction without environmental clearance (EC).

3. The EC is required under the EIA Notification, 2006 . The learned counsel for the Applicant could not point out the relevant details to show that the said constructions are covered by the Schedule to the EIA Notification, 2006 and EC is required.

4. Learned counsel for the Applicant has further argued that no CTO has been obtained by these Respondents for raising constructions. In support of the plea concerning the requirement of CTO and discharge of sewage, learned counsel has referred to the photographs on page 62 which show that from certain houses the open sewage discharge is being done. He could not demonstrate that the CTO is required in such a case. He also could not relate the photographs on page 62 to any of the Respondents. Therefore, we are not able to ascertain as to which Respondents has indulged in such a violation concerning discharge of untreated sewage.

5. He has also referred to the photographs on page 50, Annexure A-1 to show that the illegal constructions are coming up. We have already stated that illegal construction per se does not fall within the jurisdiction of the Tribunal unless it is demonstrated that the construction is being done in violation of the environmental norms specifically violating the provisions of Schedule enactments.

6. Learned counsel for the Applicant has also relied upon the order of the Hon’ble Supreme Court dated 17.12.2024 in the matter of Rajendra Kumar Barjatya & Anr. v. UP Awas Evan Vikas Parishad passed in Civil Appeal No. 14604/2024. But we find that for want of the necessary supporting material facts, the Applicant is not entitled to benefit of the said order. Even otherwise, it was a case arising out of the order passed by the High Court to Allahabad wherein the issue of commercial construction on residential area was involved.

7. The Applicant is required point out not only the environmental violations but also the Respondent violator who has indulged in such a violation.

8. In such circumstances, we are of the view that since no prima facie material relating to violation of environmental norms by the private Respondents has been shown, the OA cannot be entertained.

9. In such circumstances, the OA is dismissed, however, with liberty to the Applicant to file fresh OA along with all the relevant material relating to the environmental violation by the specific Respondent.

10. All the pending IAs also stand disposed of.