New Delhi: The National Green Tribunal has restrained all alleged illegal construction inside Sai Upwan city forest in Ghaziabad in Uttar Pradesh.
The court order came while hearing a petition filed by former Municipal Corporator, Rajendra Tyagi, represented through his counsel, Akash Vashishtha.
The court observed that in spite of service of notice, the respondent Ghaziabad Nagar Nigam is not represented and, therefore, the arguments raised by the applicant remains uncontroverted.
“In such circumstances, by way of interim relief, we direct the Respondent No. 5 – District Magistrate, Ghaziabad to ensure that no illegal construction takes place in Sai Upwan till the next date of hearing,” a bench comprising Chairperson Prakash Shrivastava and expert Member Afroz Ahmad said and listed the matter for September 16.
The Court had on May 15 issued Notices to the Ministry of Environment, Forest and Climate Change (MOEF&CC), Government of Uttar Pradesh, Ghaziabad Development Authority, Ghaziabad Nagar Nigam, District Magistrate, Central Pollution Control Board, UP Pollution Control Board as well as the Divisional Forest Officer.
Appearing for Tyagi, Akash Vashishtha, Advocate, argued that massive constructions of roads, brick walls and other structures were still under fast construction in Sai Upwan in complete violation of all laws and regulations.
The petition stated that Sai Upwan is not merely an open area but a City Forest, earmarked so, under the provisions of Ghaziabad Master Plan 2031, mandated to be used only for the purposes of a City Forest.
By converting Sai Upwan, a designated city forest into non-forest activities/uses such as constructions of roads and other structures, earth filling/reclamation not only the existing rich tree cover, comprising several thousand trees, is being lost but a significant additional space of at least 100 acres, which could, otherwise, be put under afforestation/plantations for prevention, control and abatement of air pollution in Ghaziabad, a non-attainment city, will be lost forever, depriving millions of residents of fresh, clean air.
The said acts were in complete defiance of the action plan under NCAP, executed by the CPCB, under Sections 16(2(b) of the Air (Prevention and Control of Pollution) Act, 1981.
The aforesaid acts were also in non-conformity with the Micro Plan of Non-Attainment City Ghaziabad, prepared by the UP Pollution Control Board (UPPCB), in respect of creation of green cover, in exercise of its functions under Section 17 of the Air (Prevention and Control of Pollution) Act, 1981.
The said acts were further in gross disregard of the Letter, dated: July 23 2024, issued by the Ministry of Environment, Forest & Climate Change to the Principal Chief Conservator of Forests (PCCF), Uttar Pradesh and CPCB to take necessary action on illegal constructions in Sai Upwan.
The petition stated that Ghaziabad remained the most polluted city in the country in 2025-26. The constructions of roads and other structures and earth filling/reclamation was completely antithetical to the provisions contained in the Action Plans of both the Central Pollution Control Board as well as the State Pollution Control Board.
“The Action Plans call for greening of open spaces whereas Sai Upwan is not merely an open space but a dedicated City Forest under the Master Plan in force. The Ministry of Environment, Forest and Climate Change issued a Letter to none other than the PCCF and yet no inspection was ever conducted by the Divisional Forest Officer, much less any action,” the petition stated.