The National Green Tribunal, headed by Justice Swatanter Kumar, on May 25 allowed construction on the Yamuna floodplains, having in hand an investigation report and on the clearance by the pollution control board. The court, however, allowed the construction provided some conditions were adhered to.

A petition filed by Umashankar Patwa was about construction on the floodplains, near Agra. An earlier order had stopped all such construction work.

The bench had directed the state authorities to constitute a committee to find out the status of the floodplains and the effect of construction work. The bench also appointed the local commissioner for the same purpose.

On May 25, the bench ordered that as per the report of the committee and local commissioner, the construction of the residential project is beyond the high floodplain. The project also has environment clearance and a no objection certificate from the Uttar Pradesh Pollution Control Board.

The bench allowed the project to continue, subject to the following conditions:

1. The project will not be issued ‘completed’ certificate till the time it has constructed its own Sewage Treatment Plant (STP).
2. The STP shall be constructed in consultation with the Uttar Pradesh Pollution Control Board (UPPCB) and the Agra Development Authority.
3. The construction work of STP should positively commence within 45 days, starting May 25.
4. Project Proponent shall identify the site and will make arrangements for the disposal of solid municipal waste.
5. Project Proponent shall come up with composting unit to dispose compostable waste.
6. The Project Proponent shall obtain consent from the UPPCB regarding STP and municipal solid waste.
7. The Project Proponent shall install its own rain water harvesting system.
8. All the regulating authorities shall ensure that this project is completed as per the order of the tribunal.

—India Legal Bureau