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Stop misuse of buildings: HC

THE ALLAHABAD High Court has directed the authorities concerned not to approve any plan for construction of a building for residential or non-residential purpose (commercial) without adequate parking place, reserved place for the disabled, easy access to the building for the disabled, provision for water harvesting/management and provision for a garbage disposal system.

india Updated: May 04, 2006 01:06 IST

THE ALLAHABAD High Court has directed the authorities concerned not to approve any plan for construction of a building for residential or non-residential purpose (commercial) without adequate parking place, reserved place for the disabled, easy access to the building for the disabled, provision for water harvesting/management and provision for a garbage disposal system.

Besides, the court directed the authorities to take suitable action so that the garages were utilised only for keeping vehicles or as a storeroom and not for any other purpose. The court observed, “Many places and garages are being utilised for purposes other than the ones they were constructed for or allotted. The vehicles are being parked in public places, thus hindering the traffic. Such a situation must be avoided.”

Passing these directives, a division Bench, comprising Justice Yatindra Singh and Justice Shishir Kumar, said the chief secretary was the overall in charge of all departments of the State and he should issue directions to all departments in this connection within three months. The departments include housing boards, local bodies, development authorities, industrial authorities and Estate department,’’ the court directed.

The court passed these directives on a writ petition (no-22820 of 2006) filed by Group Captain Sukh Deo Singh Siddhu and another person. In the present case, the New Okhla Industrial Development Authority (NOIDA) allotted land to the Air Force Naval Housing Board in sector- 21 and 25 for constructing flats and garages to be allotted to the Air Force and Navy personnel. The Board constructed the flats as well as the garages.  These were allotted to different persons, including the petitioner, who let out his garage to someone for running a grocery shop. NOIDA authorities issued a show-cause notice to the petitioner.

Later, the lease deed in favour of the petitioner was cancelled on April 18 by the NOIDA authorities. He then filed a writ petition before the Allahabad High Court.

The petitioner stated that the shop had been closed down and the garage was being used for keeping his car. In view of this affidavit, the court set aside the order dated April 18, and sent the case back to the authorities concerned for taking a decision afresh. However, the court directed the NOIDA authorities to issue notice to every lease holder who had been allotted a garage and was not using it for the purpose it was constructed.