The Yamuna River, being a significant tributary of the Ganga, holds immense geographical and ecological importance. The regulation of its floodplain areas has been a matter of legal and environmental concern, particularly in light of unauthorized constructions.
The present article explores the legal status of the floodplain and active floodplain areas of the Yamuna River, with a special focus on the ongoing litigation concerning farmhouses in Sector 135, Noida.
Definition of Flood Plain and Active Flood Plain Areas
The River Ganga (Rejuvenation, Protection, and Management) Authorities Order, 2016 (“2016 Notification”) clearly defines the term “Flood Plain Area”; however, it does not provide a definition for “Active Flood Plain Area.”
The definition of Flood Plain Area as defined under the 2016 Notification is as follows:
Flood Plain: 3 (l)” flood plain” means such area of River Ganga or its tributaries which comes under water on either side of it due to floods corresponding to its greatest flow or with a flood of frequency once in hundred years.
Active Flood Plain: The active flood plain has only been defined under the Ganga River basin- Management Development Plan 2015 (GRBMP, 2015), as submitted by a consortium of 7 IITs which was mandated to submit its report under an MoU with the Ministry of Environment and Forest. The said report provides that active flood plain is the 2.33-year return flood.
Furthermore GRBMP-2015 also defines “active flood plains” being lands that gets inundated by a flood having a mean recurrence interval of 2.33 years.
The Dispute in Sector 135, Noida
The farmhouse owners in Sector 135, Noida, come from diverse backgrounds, including senior citizens, retired bureaucrats, and former members of the armed forces, some of whom have been residing in their homes since 2010 and have registered sale deeds in their favour, after paying the statutory duties to the Noida Authority itself.
These farmhouses are located in various villages within District Gautam Budh Nagar, such as Dostpur Mangrauli Khadar, Chak Mangrola, Assadullapur, Chhaprauli Khadar, and Nangli Nangla in Sector- 128, 129, 130, 131, 135, 151 and 152, among others.
A contentious legal battle has arisen regarding the farmhouses constructed in Sector 135, Noida. The Noida Authority contends that these structures are illegal and warrant demolition, while the farm owners argue otherwise.
- Noida Authority’s Argument: The Noida Authority asserts that the farmhouses are unauthorized constructions within the floodplain of the Yamuna River and, therefore, are liable to be demolished under environmental and zoning regulations including the Uttar Pradesh Industrial Area Development Act, 1976
- Farm Owners’ Argument: The farm owners maintain that temporary structures are permissible under the law. Furthermore, the farm owner’s contention is that their property does not fall within the impermissible area, 2016 notification only prohibits construction in the “active flood plain area” of River Ganga or its tributaries. They further argue that no proper demarcation of the floodplain has been carried out in consonance with the 2016 notification to ascertain the “Active Flood Plain Area”
- Allahabad High Court’s Interim Relief: The farm owners approached the Allahabad High Court, challenging Noida Authority’s demolition drive. The High Court has granted a status quo order in favor of the farm owners, thereby halting any demolition until the matter is conclusively decided.
- National Green Tribunal (NGT): Hon’ble National Green Tribunal (NGT) is also currently adjudicating a matter pertains to alleged unauthorized construction on the “active flood plain area” of the River Ganga and its tributaries. The crux of the issue revolves around the interpretation of the term “active flood plain area” under Para 6(3) of the 2016 Notification.
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Key Legal Considerations
1) Authority of National Mission for Clean Ganga (NMCG) in Demarcation:
As per Clause 6(3) of the 2016 Notification, no person shall construct any structure, whether permanent or temporary, for residential or commercial purposes in the active floodplain area. However, the farm owners argue that only the NMCG holds the authority to determine and demarcate floodplain areas, not the Noida Authority.
2) Lack of Proper Demarcation:
The farm owners have contended that, to date, no clear demarcation has been undertaken to establish whether their land falls within the active floodplain. They argue that the absence of such a demarcation undermines the basis of Noida Authority’s claim of illegality.
3) Legal Precedents and Environmental Regulations:
The 2016 Notification empowers authorities at various levels to take necessary steps to prevent pollution and unauthorized encroachments. However, exceptions exist for temporary structures in exceptional circumstances with prior approval from the NMCG.
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Conclusion
The issue surrounding the farmhouses in Sector 135, Noida, is a classic case of regulatory conflict between different authorities and stakeholders.
While environmental concerns necessitate strict regulation of floodplains, the rights of farm owners must also be considered in the absence of proper demarcation.
Furthermore, the Hon’ble NGT is also sized of the matter regarding and vide order dated 10.01.2025, in response to a letter petition alleging unauthorized construction of residential apartments and discharge of pollutants into the River Ganga and its tributaries inkling River Yamuna, has raised concerns regarding the interpretation of the term “active flood plain” under the 2016 Notification while the said Notification only prohibits construction in the “active flood plain area” of the river or its tributaries under Para 6(3), however it fails to define “active flood plain,” providing only a definition for “floodplain,” which refers to areas submerged during floods of a one-in-a-hundred-year frequency.
The NGT has observed that the NMCG has not clarified the meaning, extent, or applicability of the term “active flood plain.” Consequently, directed the Director General, NMCG, to provide an explanation on this issue.
With the matter pending before the Allahabad High Court and before the NGT, the final determination of rights and obligations will set a crucial precedent for similar disputes concerning floodplain areas in India.
We, at Chambers of Ashwarya Sinha are representing hundreds of farm owners before the Allahabad High Court.
Feel free to reach out to us at: info@ashwaryasinha.com and office@ashwaryasinha.com or you can call us at +91-11-41618119.
