Noida resumes farmhouse demolition drive, even as HC directs for status quo

The Allahabad high court has directed the parties concerned and the district administration of Gautam Budh Nagar to maintain status quo for 20 days on the Noida authority’s recent demolition notice to the allegedly illegal farmhouses and other constructions on the floodplains of rivers Yamuna and Hindon

The Allahabad high court has directed the parties concerned and the district administration of Gautam Budh Nagar to maintain status quo for 20 days on the Noida authority’s recent demolition notice to the allegedly illegal farmhouses and other constructions on the floodplains of rivers Yamuna and Hindon.

Noida, India- June 16, 2022: A view of an unauthorised farmhouse after a demolition drive was carried out by the Noida Authority in Sector-135, Noida, India, on Thursday, June 16, 2022. (Photo by Sunil Ghosh / Hindustan Times) (Hindustan Times)

The court order on June 14, which was put in the public domain on Thursday, came in response to a petition filed by Harit Kisan Kalyan Samiti, challenging the public notice issued by Noida authority on June 8, 2022, which stated that allegedly illegal farmhouses and constructions are liable to be demolished.

Disposing of the writ petition, a division bench comprising justice Manoj Kumar Gupta and justice Sameer Jain permitted the petitioner society and its members to file objection within 10 days in pursuance of the public notice dated June 8.

The court further directed the chief executive officer (CEO) of Noida to decide on the objections through an oral order.

In the present plea, the petitioner had challenged the Noida authority notice stating that in the notified area (floodplain zone), falling under its jurisdiction, no construction activity was permissible without its approval.

The notice read, “Recently a number of illegal constructions have been raised in the development area which is floodplain zone of river Yamuna/Hindon and that too without getting any building plan sanctioned. Hence, all constructions in the notified area/flood plain zone are illegal and should be removed forthwith, failing which, it would be demolished by the Noida authority.”

The counsel for the petitioner submitted that most of the constructions raised by members of the petitioner society date back to 2010. It was further submitted that the members of the petitioner society have not been served with any individual notice and merely on the basis of the said public notice, the authority was threatening to demolish the constructions.

Additional advocate general (AAG) Manish Goyal invited the attention of the court to various proceedings and reports submitted before the National Green Tribunal (NGT) by the Yamuna Monitoring Committee and contended that the Noida authority, while issuing public notice, had acted in accordance of the law.

On a query made by court as to whether there was in existence any individual demolition orders against members of the petitioner society or other persons who are getting affected by the said public notice, AAG admitted that there was no individual order in existence.

He said it was difficult for the authority to identify actual owner/occupier of the plot/land over which such constructions have been raised, therefore, no individual notice/order has been issued so far.

He, however, stated that in case, the petitioner society and its members file objection in pursuance to the public notice, the Noida authority will duly decide on the same. But the authority reiterated that it will demolish all illegal club buildings where liquor was being served without licences and which were dumping waste into the Yamuna, polluting it.

True to its word, on Thursday the authority razed three high-end clubs and two farmhouses spread on 105,000 square metres of the Yamuna floodplains, said officials.

The drive was carried out by 200 authority staff with the help of five earthmovers and three dumpers, in police presence. The drive started at 8am and went on till 3pm. The authority said the drive will continue in the coming days as well “until all illegal structures are removed”.

“There are at least 2,000 farmhouses, which need to be demolished and the authority must file an FIR against all the building owners who dump waste into river, thereby polluting groundwater and air as well,” said Akash Vashishtha, advocate and member of Gautam Budh Nagar district Ganga committe.