Order of the National Green Tribunal Suman Chauhan Vs State of Uttar Pradesh & Others dated 11/03/2024.

In the original application, applicants have taken the plea that their properties are located in villages Doshpur Mangrauli Khadar, Chak Mangrola, Assadullapur, Chaprauli Khadar, Nangli Nangla, Nagli Bahrampurand Kidawali in Noida, district Gautam Budh Nagar, Uttar Pradesh and that in the floods in Yamuna River on 12th-15th July, 2023, the polluted water of Yamuna river mixed with sewage, hazardous chemical effluents, stinking sludge entered in the village of the applicants and the same was not a natural calamity but was a man-made disaster. In this background, applicants in the original application have prayed for a direction to the authorities to determine the damage caused to the applicants properties and pay the compensation for the same.

Report dated January 5, 2024 has been filed by District Magistrate, Gautam Budh Nagar taking the stand that it was a natural calamity and not a man-made disaster. It was also the plea of counsel for the state that applicants have farm houses and they are not the villagers and these farm houses have been illegally constructed on the flood plain area of the river.

Counsel for the state is directed to file the details of the properties of all the 50 applicants allegedly situated in the flood plain zone. Meanwhile, applicants will also disclose the full particulars of their properties including the land area under their ownership, extent of construction raised thereon, nature of construction and sanction from the competent authority to raise construction, if any. Let the same be filed by counsel for the state and by applicants at least one week before the next date of hearing, May 21, 2024.