NGT initiates suo motu case over Noida techie drowning; seeks response from UP government

The National Green Tribunal (NGT) on Thursday took suo motu cognizance of the incident in which a 27-year-old software engineer drowned after his car fell into a water-filled trench in Uttar Pradesh's Noida..The tribunal took note of the incident based on a news report published by Times of India on January 20. The tribunal observed that the matter prima facie indicated a violation of the Environment (Protection) Act of 1986 and failures in taking corrective steps by authorities contributed to the incident.“The news item raises substantial issues relating to compliance with the environmental norms and implementation of the provisions of scheduled enactment,” the bench noted.The tribunal further observed that the incident raised environmental concerns linked to stormwater management and regulatory compliance. Hence, it sought responses from the State of Uttar Pradesh, Noida Authority and others.The order was passed by a bench headed by NGT chairperson Justice Prakash Shrivastava along with expert member A Senthil Vel..According to a ToI report titled "Noida CEO Removed CM orders SIT probe into techie’s Drowning", the incident took place in Noida’s Sector 150.The victim Yuvraj Mehta, who was in his car, fell into a water filled trench, while taking a sharp right turn in dense fog.The site, as noted, was originally allotted for a private mall project but had remained undeveloped for years. Over time, rainwater and wastewater from nearby housing societies were allowed to accumulate at the site, turning it into a stagnant water body..Based on the records, theNGT noted that the Irrigation Department had drawn up a stormwater management plan back in 2015 to tackle waterlogging in the area. The proposal involved building a head regulator to divert excess water into the Hindon river. In 2016, the Noida Authority even released ₹13.05 lakh for surveys and design work. However, despite repeated surveys and site inspections, the plan was never carried out..The news report also stated that the proposed system would have received stormwater from existing drains, increasing discharge, and suggested the use of hydraulic or pneumatic gates instead of mechanical ones. However, the lack of follow-up resulted in continued waterlogging. During heavy rainfall, basements of nearby housing societies were flooded as excess water could not be discharged into the river in the absence of a regulator..Residents in the area had reportedly raised concerns over persistent waterlogging and alleged inaction by the local authority.The tribunal took note of these complaints while examining the circumstances that ultimately led to the fatal incident.“The news item indicates laps by the Noida Authority in taking up remedial measures which resulted in the death of the person,” the bench noted..The tribunal reiterated that it had the authority to take up the issue suo motu, citing a 2021 Supreme Court judgment that recognised the NGT’s power to initiate proceedings without a formal petition when environmental issues of public importance arise.As part of the order, the tribunal impleaded five authorities as respondents: The Noida Authority;The Uttar Pradesh Pollution Control Board;The Irrigation Department of Uttar Pradesh;The Principal Secretary (Environment) of the State government;The District Magistrate of Gautam Budh Nagar..The tribunal directed the five respondents to file their replies at least a week before the next hearing. It also made it clear that if any authority files a response without legal representation, the concerned official will have to be present virtually to assist the bench.The matter will be heard next on April 10..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.