NGT asks Registrar to inspect projects on Yamuna riverbed in

The National Green Tribunal has taken strong exception to "substantial variations" in reports submitted by the Uttar Pradesh government and other state agencies with regard to distance of various real estate projects from the flood plains of river Yamuna in Agra.
The green panel appointed Registrar General Mukesh Kumar Gupta as local commissioner to ascertain the "correct position" of flood plains and the distances of the various projects after expressing dissatisfaction over a chart submitted by UP government on construction carried out by builders on the floodplains of Yamuna.
The chart prepared in consultation with Agra Development Authority and Irrigation Department shows the distance of the pillar, used for demarcation of flood plains, from the edge of the river and distance of the boundary wall of the constructed project from the pillar.

"This chart has substantial variations with the affidavits and the Joint Inspection Report already filed by the various agencies of the state.... We express our dissatisfaction to the manner in which these charts have been prepared and even joint inspection report has been submitted before the Tribunal.
"The authorities are expected to act fairly and judicially while complying with the directions of the Tribunal.
"Unfortunately, these discrepancies and contradictions among various documents leave the Tribunal with no option but to have the clarification of the facts, existing at the ground, by appointment of a Local Commissioner," a bench headed by NGT Chairperson Justice Swatanter Kumar said while directing him to visit the site on August 12.

The tribunal was hearing a plea filed by Agra resident D K Joshi who had alleged that many buildings have been built right in the flood plain and even in the river itself.

Joshi's lawyer Rahul Choudhary alleged that pillars demarcating flood plains were not fixed anywhere and the flood plain level has been changed by raising its height by dumping of mud and sand.
The local commissioner has been asked to file his report
and state whether the pillars fixed for demarcation of flood plain are in existence or not and the distance of the various projects from the flood plain boundary as demarcated by the fixed pillars.

The information has to be submitted with regard to the projects including Manglam Estate, Manglam Estate Extension, Pushpanjali Heights, P G College (Jagadamba), Tanishq Rajshree Estate and Pushpanjali Seasons.
"The Local Commissioner shall be provided with due security and in this respect. The SP of concerned area at Agra is directed to ensure complete safety and security of the learned Local Commissioner.
"The senior most field officers from Revenue Department of Agra with their measurement equipments, Irrigation Department and Agra Development Authority shall remain present with the Local Commissioner," the bench said.
The NGT is hearing the case on day to day basis on the request of the builders who claimed that they are suffering losses because of its interim order staying all commercial activities on the flood plains.

Regarding a concrete wall built by Manglam Estate Extension in the river, the tribunal directed the Agra divisional commissioner to file his reply why no action was taken despite an order by Allahabad High Court way back in 2010.
Earlier, the NGT had come down heavily on Agra Development Authority for allowing construction by builders on the flood plains of river Yamuna city and also sought response from the developers on the matter.
The tribunal had earlier issued notice to these builders to show cause why compensation in terms of Section 15 and 17 of the National Green Tribunal Act, 2010 should not be imposed on them and why appropriate directions not passed regarding their structure which were violative of environmental laws.

It had also imposed a fine of Rs 1 lakh on Agra Municipal Corporation for dumping of waste on the floodplains of river Yamuna in the city, noting that the civic body has failed to perform its duty and protect the environment.