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12 Shahberi developers’ anticipatory bail plea rejected
Greater Noida: The district and sessions court in Surajpur, Greater Noida, on Tuesday rejected the anticipatory bail pleas of 12 developers from Shahberi in connection
Greater Noida: The district and sessions court in Surajpur, Greater Noida, on Tuesday rejected the anticipatory bail pleas of 12 developers from Shahberi in connection with the illegal construction of buildings in that area. The matter was heard by Inder Preet Singh Josh, additional sessions judge, Gautam Budh Nagar.
PP Mishra, assistant manager of Greater Noida authority, had filed complaints against the developers in August 2019. The cases were registered under sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984, and also under sections 471,468, 467, 420 of the IPC against these developers. However, to evade arrest, the developers had moved anticipatory bail pleas before the court.
In the FIR, Mishra had alleged that the developers had constructed buildings without map approval and the structures were unsafe. “The development has been done on farming land with the sole purpose of monetary gain. The developers are selling flats to unscrupulous buyers. There is a sense of fear and panic among local people due to the illegal construction and it is affecting public order,” he said.
The FIRs were filed after a Greater Noida authority survey found that most constructions in Shahberi were illegal and done without map approvals. The survey was carried out after a twin building collapse in July 2018 killed nine persons and injured several others.
The developers’ lawyers argued that their clients were being framed. “My client has not committed any offence and those stringent sections are not valid. The land has not been acquired by the Greater Noida authority and the client has a right to develop and sell the property,” one of the defence lawyers argued.
However, the police and prosecution lawyer argued that the investigation into the case is ongoing and the custody of the accused would be needed for their interrogation. Dharmendra Jaint, additional district government counsellor (ADGC-crime), said the court rejected the anticipatory bails of all 12 developers. “Now, police can arrest the accused anytime,” he said.
The court also observed that there were several multi-storeyed buildings in Shahberi. “These may not have come up in a short time. These buildings would have come up over several years. The Greater Noida authority officials had the responsibility to check illegal constructions. If they had, around 1500 homebuyers would not have invested their life’s savings in these flats,” it said.
The court also directed the Greater Noida authority and the police to act against officials involved in the illegal developments in Shahberi within three months and apprise the court of the action taken.
