• Construction along ganga in mirzapur

I have open land property aling the Ganga at Mirzapur. I have been told that there is a restri tion on construction upto 200 metres from the ganga bank. I cannot find any reference to this either by the NGT or the Allbd High Court. Can someone please throw some light on this?
Asked 6 years ago in Property Law
Religion: Hindu

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14 Answers

In a landmark judgement on 27 July 2012, Justice Ashok Bhushan of the Allahabad High Court, categorically ordered the Varanasi Development Authority and the district administration of Varanasi to “ensure that no construction is made 200 metres area from the highest flood level at both the banks of river Ganga” and that “appropriate notice and boards are placed at the banks of the river Ganga in this regard for the notice of public in general.”

The Allahabad High Court passed this order in response to the Public Interest Litigation, first filed by the Kautilya Society in 2005, appealing that the Varanasi Development Authority and the Uttar Pradesh State Government prohibit all illegal constructions on the banks of the river Ganga in Varanasi and implement laws and government orders to protect the Ganga riverfront ghats in Varanasi.

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

File an RTI application and obtain exact  information. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes it covers all the Districts. No construction can be made in the said area. The NGT order applies to all the areas.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

It is a blanket ban. However the distance is 100 mt and not 200 mts to the best of my knowledge.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear Client,

Order is passed by Allahabad HC. Declared an inviolate zone for construction in the Ganga floodplain. The Allahabad High Court has ordered that no construction should take place on the banks of river Ganga at Varanasi. Also UP govt. orders dated 31.07.2000 and 11.04.2001.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

if your land is within 200 meters of Ganga  you cannot carry on construction 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

In the year 2000, the Government of Uttar Pradesh issued an order directing that no construction be made within 200 meters from the bank of the river Ganges.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

The Govt. of UP, vide its Government order dated 31.7.2000  has imposed restriction on constructions within 200 meters from the river bank with the object of saving river Ganges from pollution.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

There is order of National green tribunal that there is no development zone in 50m from ganga and it is 100m from haridwar to Unnao.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes the order cover all the cities.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

Yes, there is restriction on construction up to 200 meters from the Ganga bank.

The following information may kindly be read:

Allahabad High Court continues tough stance on construction along Ganga

It has been two years since the Allahabad High Court passed a  landmark order  to institute an inviolate zone for construction in the Ganga floodplain. The court asked the Allahabad Development Authority (ADA), Uttar Pradesh, to demarcate the zone 500 metre from high flood levels. Officials of the Allahabad Development Authority (ADA) say that demarcation has been made. The authority, however, lacks clarity and opinion on the possible grievances of residents whose properties fall within the zone.

As per the interim order, renovation within the zone is prohibited. “Persons already residing within the demarcated zone and those who recently bought land with the intention of constructing a homestead are most burdened by this order,” says Upendra Veer Singh, an advocate residing within the zone. According to Singh, the opposition of residents to the prohibition has not decreased despite the recent floods in Uttarakhand.

Residents are not the only party facing hardships because of the order. It has been difficult for construction companies to determine the exact area of the no-go zone. The interim order unambiguously places a blanket ban on any construction within 200 metres, and calls for special permissions to construct within the next 300 metres. “Continuous monitoring of constructions within the 500 metre zone is being carried out,” says Amarnath Upadhyay, secretary of ADA. Local reports suggest to the contrary.

Though the  ADA has pleaded to the court that such zoning is causing undue hardship, given that residential colonies are already present in the restricted zone, it was made clear that the very purpose of the ADA is to ensure planned development. Pancham Realcon Private Limited, a construction company based in Allahabad in Uttar Pradesh is hoping to turn a stretch of the Ganga waterfront into hi-tech property and continues to plead in court for a modification of the 2011 order. 

A reputed developer and party to the case, who chose to stay anonymous, said arguments against the interim order of the Allahabad High Court has been concluded, and that the final judgment is awaited. The delay in the passing of this final order is causing problems. It is alleged that some litigants have been approaching developers, threatening to initiate public interest petitions against proposed projects. The litigants argue that developers only see the river flood plains as lucrative land.

Go-to petition bans plastics

The zoning order was given two years ago. However, the overarching public interest litigation (PIL) that the order is a part of has been running since 2006, expanding in scope over the years and allowing the High Court to extend its authority over statewide environmental management of the Ganga. A case that began as a prayer to ensure that the Ganga is suitable for bathing at the Sangam in Allahabad during the Magh (Kumbh) Mela has now become the go-to PIL for all petitions related to the river in Uttar Pradesh.

In 2006, the high court issued strict orders on the regulation of flow from the Narora dam, without any details on the quantum of release downstream. On the water quality front, in 2007, the Court ordered all tanneries, industries, sugar factories, distilleries and paper manufacturing factories which discharge effluents into the Ganga be identified and shut down if they are found without an effective treatment plan. The Court has been continually demanding reports on sewage treatment plants (STPs) in Allahabad, Varanasi and Kanpur. 

It also formed a committee to look into proper dredging methods in 2007, and ordered the state to look into  banning plastics two kilometre from the river in every major city along the Ganga in 2010. Solid waste from each of these cities finds its way and settles in the river bed.

Polythene bags were banned in Allahabad during the Mahakumbh Mela earlier this year. Though the Court has been persistent in directing the state of Uttar Pradesh to consider a plastic ban in all cities on the river, this is yet to be implemented by the state. It remains to be seen how exactly the state will execute these orders as ban on plastic and construction restrictions in Allahabad will set a precedent for regulation in other cities along the Ganga.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

If there is no such regulations by UP govt or NGT then you can go on with the same. Best way is to file RTI and get the said information for the concerned department at mirzapur

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Instead of getting misguided on the replies, you better visit the office of the municipal corporation or the municipality, get clarified about this in person, because they will be notified about such ban or restrictions by the NGT.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

You may approach the Mirzapur Municipality office and get the information clarified in person so that you don't have to waste time and money on such construction if at all there is a restriction on it because these people are the one who will be granting approval for the construction.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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