Rampant encroachment in every Noida society; AOAs allege inaction

Residents have been accused of encroaching upon common areas, covering their balconies, blocking staircases, and placing religious idols to block common areas. Residents’ welfare associations (RWAs) and residents have alleged that the Noida authority hardly ever acts against violators despite receiving complaints

As the Shrikant Tyagi case grabs national attention, Noida residents spoke out about rampant encroachment in almost every society and sector in the city.

Noida Authority workers demolish an illegal structure built by Shrikant Tyagi in Noida on Monday. (Sunil Ghosh/ HT)

People have been accused of encroaching upon common areas, covering their balconies, blocking staircases, and placing religious idols to block common areas. Residents’ welfare associations (RWAs) and residents have alleged that the Noida authority hardly ever acts against violators despite receiving complaints.

“Nearly every society has instances of people covering their balconies with grills, extending their balconies for extra space, or covering small lawn areas on the ground floor and claim it as their personal space. These issues mostly don’t go beyond minor fights between neighbours, but can easily become major safety hazards. This is something residents don’t pay attention to,” said Rajiva Singh, president, Noida Federation of Apartment Owners’ Association (NOFAA).

The common alterations made by residents beyond permissible limits include covering the setback area meant for fire tenders, using core cutting machines to drill holes in beams to either make room for chimney exhaust pipes or air conditioning ducts, weakening of walls or pillars to change the original layout of the unit, removing walls in order to merge rooms, covering balcony spaces, blocking entry/ exits built for firefighting, encroaching green space, grabbing parking space and installing outdoor AC units beyond the covered space or at undesignated sites, and extending balcony fence by making space for planters.

Puneet Sharma, president, Apartment Owners’ Association (AOA), Aditya Celebrity Homes, Sector 76, said that shops and markets are another area of concern for residents and often crop up within societies without permission. “Builders sell such shops illegally in the encroached common area. We had a few such shops crop up in our common area got them removed following action from the authority,” he said.

According to Inna Jolly Khanduja, resident, Sector 29, a religious icon was placed in the common park area few days ago in the sector. People have started worshipping in the area which is part of the garden. When she protested, other residents abused her and the RWA refused to act.

“I am a devout person and it pains me that an idol is placed in the same area where parties are held every other night. There is a temple across the road and in every house. Why do we need to encroach and disturb the green area of a park to display our religious beliefs? Despite complaining to the Noida authority, no action has been taken in the past month,” she said.

Meanwhile, authority officials said that it is difficult to monitor every house in the city. While they claim that action is taken when a complaint is made, there are many who beg to differ.

“There are 10 people in the planning department who look after encroachment issues. It is difficult for them to monitor every single house in the city. We check the premises before issuing a provisional completion certificate and again while issuing the final one. As people start settling in, they make illegal constructions and extensions which should be monitored by the AOAs. However, we take action when we receive complaints of encroachment,” said Ritu Maheshwari, chief executive officer, Noida Authority.

Officials squarely blame apartment owners saying that they are in the habit of extending their units, encroaching upon common areas. This not only jeopardizes the safety of all residents but also causes disputes. According to provisions of the Noida authority’s Building Regulations and Directions 2010, all sorts of alterations to flats are prohibited as it infringes upon the rights of others, and also causes serious damage to the structural integrity of buildings.

“Making any change to a unit’s original layout, approved by the authority in accordance with building regulations, is strictly prohibited for safety reasons. Every room, stairs, balcony and common space is planned keeping in mind the safety and ease of an occupant. When complaints are received, we first issue a show cause notice, followed by legal action,” said Ishtiyaq Ahmed, chief architect and town planner, Noida authority.

According to building regulations, the town planning department leaves a setback area of at least 10 feet in each house. “ We have seen house owners cover the setback area to construct more rooms in violation of building regulations. It blocks sunlight, air and causes hazards during fire incidents,” said Atul Gupta, president, Noida chapter, Uttar Pradesh Architects Association. He added that an apartment or house owner can only carry out interior work by not changing the original layout approved by the competent authority.

Meanwhile, experts noted that AOAs often find it difficult to act against offenders. “We have seen several cases where firefighting becomes difficult because people have covered their balconies with grills. Not only is this illegal, but also unsafe. People think of security, but in turn, compromise on safety. While we can easily enter houses through balconies, we have to access such units through balconies adjacent to the flat, thereby losing crucial time to save lives and property,” said Arun Kumar, chief fire officer, Gautam Budh Nagar.

Residents suggest that an online grievance redressal platform with details of every society might prove helpful in addressing such issues. “Societies often have complaints of encroachment, irregular maintenance, untimely AOA elections etc. If there is an online portal where details of every society can be regularly updated, these problems will be automatically highlighted and resolved. Many of these issues cannot be resolved by an AOA internally as they are not invested with legal powers to deal with such issues,” said Rajiva Singh.