Allahabad High Court directs Noida authority to provide Ganga water to Jaypee Wishtown residents

The Allahabad High Court has given a major relief to thousands of families living in Jaypee Wishtown, Noida. The court has directed the Noida Authority to provide Ganga water supply to the housing society residents within two weeks. This order comes after years of struggle by the residents who have been dependent on groundwater since they moved into their homes in 2014.

The court has also asked Jaypee Infratech Limited (JIL), the developer, to provide a renewable bank guarantee of Rs 60 crore to ensure the work is carried out. With this direction, nearly 20,000 families can finally expect access to treated drinking water after more than a decade of waiting.

Families forced to depend on groundwater

Jaypee Wishtown is spread across several sectors along the Noida Expressway, including sectors 128, 129, 130, 131, 132, 133, and 134. The project houses around 20,000 families who shifted into their apartments from 2014 onwards. However, instead of receiving treated Ganga water as promised, these families have had to depend entirely on groundwater for their daily needs.

The matter reached the Allahabad High Court after repeated complaints and demands from the residents. Jaypee Infratech Limited, the developer, filed a petition in court seeking clarity on who was responsible for arranging water connections. The residents had long argued that the authority was responsible for providing external facilities like water and electricity, while the developer was only supposed to handle internal infrastructure.

The high court, after hearing the petition, directed the Noida Authority to complete the water connection work within two weeks. However, this order is conditional on JIL submitting a bank guarantee of Rs 60 crore, which will act as a security deposit to cover the cost of water supply arrangements.

The legal dispute over development charges

The legal battle traces back to a concession agreement signed on April 7, 2003, between Jaypee Infratech Limited and the then Taj Expressway Industrial Development Authority (TEA), which is now known as the Yamuna Expressway Industrial Development Authority (YEIDA). Under this agreement, JIL was awarded 25 million square meters of land for development, including the large Jaypee Wish Town project in Noida.

A key clause in this agreement—Clause 7.2.1(j)—stated that the responsibility for external development work such as water, electricity, and drainage for the developed land released by the authority would rest with TEA (now YEIDA). This meant that the developer would not have to bear any cost for these facilities on developed land. For undeveloped land, however, YEIDA’s responsibility was limited to providing assistance on a “best effort basis” without taking any financial burden.

The confusion and disputes began when the Noida Authority later demanded that JIL should pay external development charges for water and sewer connections. On March 15, 2023, the authority raised a demand of Rs 140 crore against JIL. The developer contested this demand, calling it unfair and incorrectly calculated. Later, the demand was reduced by Rs 17 crore, bringing the total down to Rs 123 crore.

Jaypee Infratech argued that these charges should not apply because, under the concession agreement, YEIDA was responsible for external development costs. JIL also pointed out that the charges were being calculated for each apartment individually instead of applying the bulk policy meant for the entire township. This, they said, was the main reason for the inflated amount.

In its clarification, YEIDA stated that its responsibility was only limited to the land that was already developed by Noida or Greater Noida and then transferred to them. For other areas, the cost would have to be borne by the developer. This difference in interpretation of the agreement led to a prolonged dispute.

High court ruling brings hope for residents

After years of arguments and delays, the Allahabad High Court has now stepped in to resolve the issue in favor of the residents. The court’s direction is clear: the Noida Authority must provide Ganga water connections to Jaypee Wishtown residents within two weeks, ensuring that families finally get access to safe and reliable drinking water.

However, the ruling also balances the responsibility between the developer and the authority. While the Noida Authority has been directed to complete the work, JIL must furnish a bank guarantee of Rs 60 crore to support the process. This ensures that both sides are accountable and that the residents are not left suffering any longer.

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The court’s decision is seen as a strong step towards justice for the 20,000 families who have endured years of hardship. It also highlights the need for better clarity in large real estate agreements to avoid confusion over responsibilities for essential facilities like water and electricity.

With this order, residents are now hopeful that within weeks they will no longer have to depend on depleting groundwater sources. Instead, they can finally receive the treated Ganga water supply that was promised more than a decade ago.